Olmos-Esparza

United States v. Olmos-Esparza

Good Law
149 F. App'x 596
United States Court of Appeals for the Ninth CircuitAugust 31, 2005No. 04-50465California572 words

Opinion

Lead Opinion

MEMORANDUM *

Leobardo Olmos-Esparza appeals his conviction for illegal reentry of a removed alien under 8 U.S.C. § 1326 and his enhanced sentence. Specifically, Olmos-Esparza argues that the government’s use of a certificate of nonexistence of record (“CNR”) and a warrant of deportation as evidence violated his Confrontation Clause rights under Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004).

The introduction of a CNR to prove that a defendant did not seek admission from the Attorney General to re-enter the United States does not constitute testimonial hearsay evidence prohibited by Craw *598 ford. Rather, it is properly admitted as a nontestimonial public record. United States v. Cervantes-Flores, 421 F.3d 825 , —, — (9th Cir.2005). Similarly, introduction of a warrant of deportation does not violate the Confrontation Clause. United States v. Bahena-Cardenas, 411 F.3d 1067, 1075 (9th Cir.2005) (holding a warrant of deportation nontestimonial “because it was not made in anticipation of litigation, and because it is simply a routine, objective, cataloging of an unambiguous factual matter”). Thus, the district court did not err in admitting into…

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