Sanchez-Birruetta

MEMORANDUM *

Fernando Sanchez-Birruetta challenges his conviction for illegal reentry by a removed alien under 8 U.S.C. § 1326 , arguing that the district court erred by admitting fingerprint identification testimony by Bureau of Immigration and Customs Enforcement fingerprint specialist Thomas Liszkiewicz. Sanchez-Birruetta also challenges his sentence under United States v. Booker, — U.S. — , — U.S.-, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). Because the facts of this case are known to the parties, we describe them here only as necessary.

I. Admissibility of fingerprint evidence

A. Rule 702 & Daubert

We review the district court’s ruling admitting Liszkiewicz’s expert testimony for abuse of discretion. United States v. Hankey, 203 F.3d 1160, 1167 (9th Cir.2000).

Federal Rule of Evidence 702 1 provides the operative standard for the admissibility of expert testimony, and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), governs our application of Rule 702. Under Daubert , a district court must “ensure that any and all [expert] testimony or evidence admitted is not only relevant, but reliable.” Id. at 589 , 113 S.Ct. 2786 . To…