United States v. Edward Valenzuela

MEMORANDUM

Edward Valenzuela appeals his conviction in trial by jury of making a false statement in a passport application in violation of 18 U.S.C. § 1542 , and aggravated identity theft in violation of 18 U.S.C. § 1028A(a)(l). We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

The district court did not abuse its discretion by admitting certified copies of FBI fingerprint cards. The fingerprint cards were admissible under the public records exception to the hearsay rule. Fed.R.Evid. 803(8); United States v. Weiland, 420 F.3d 1062, 1074 (9th Cir.2005). The names and notations about Valenzuela’s prior removals on the cards fell within the public records exception because they are routine, objective matters. Weiland, 420 F.3d at 1075 ; United States v. Gilbert, 774 F.2d 962, 965 (9th Cir.1985) (per curiam). Because the fingerprint cards were admissible under the public records exception, their admission under the business records exception was not reversible error. Weiland, 420 F.3d at 1074 ; United States v. Loyola-Dominguez, 125 F.3d 1315, 1318 (9th Cir.1997).

The district court also did not abuse its discretion by admitting Special Agent Matthew Ciesla’s testimony…