United States v. Nestor Sandoval-Sandoval, A.K.A. Hector Lopez

Defendant Nestor Sandoval-Sandoval stands convicted of one count of illegal reentry of a deported alien in violation of 8 U.S.C. § 1326 (a). He raises two issues in this timely appeal. First, he disputes the district court’s order compelling a set of fingerprint exemplars. Second, he challenges the district court’s reliance at sentencing on a California court “abstract of judgment” as evidence of the length of a prior sentence that he served in state prison.

Defendant was a passenger in a car stopped by police. At first, he gave a false name to the police and to the border patrol agents who were called to the scene. He later corrected himself. Officials detained and fingerprinted him and learned that he had been deported from the United States previously. Defendant was charged with reentry of a deported alien.

Before trial, Defendant moved to suppress the fingerprint evidence. The district court granted the government’s cross-motion to compel a second set of fingerprint exemplars and then denied as moot Defendant’s motion to suppress. We affirm that ruling. See United States v. Ortiz-Hernandez, 427 F.3d 567, 577 (9th Cir.2005) (per curiam) (holding that the government may compel…