United States v. Henry Anekwu

Appellant Henry Anekwu (Anekwu) appeals his conviction and sentence for multi pie counts of mail fraud, wire fraud, and telemarketing fraud against the elderly in violation of 18 U.S.C. §§ 1341 , 1343, 2326(1). On appeal, Anekwu argues that numerous procedural and substantive errors occurred during his trial, requiring a new trial. Anekwu also argues that his sentence is unreasonable and re-sentencing is necessary. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The primary question raised on appeal is whether the district court committed plain error by admitting certificates of authentication for foreign public and business records by means of affidavit in violation of the Confrontation Clause. We conclude that it did not.

The Supreme Court has not specifically addressed whether admitting certificates of authentication for documents violates a defendant’s Confrontation Clause rights. Melendez-Diaz v. Massachusetts, 557 U.S. 305, 336-37 , 129 S.Ct. 2527 , 174 L.Ed.2d 314 (2009) (Kennedy, J., dissenting). We have not previously dealt with the issue of whether certifications of foreign public records are “testimonial,” making the custodians who created…