Velazquez-Rubio
United States v. Velazquez-Rubio
Opinion
Lead Opinion
MEMORANDUM **
Efrain Velazquez-Rubio appeals his conviction by jury trial for being a deported alien found within the United States in violation of 8 U.S.C. § 1326 . VelazquezRubio also appeals the district court’s finding that he had been previously deported following a felony conviction and its application of the sentencing enhancement codified at 8 U.S.C. § 1326 (b)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 .
Velazquez-Rubio claims the May 3, 2004 and September 3, 2004 statement reports were admitted in violation of the hearsay rule and that the May 3, 2004 statement report was admitted in violation of the Confrontation Clause. Regardless of whether the statements were admitted in error, reversal is appropriate only if the error is not harmless—that is, if it is “more probable than not that the erroneous admission of the evidence did not affect the jury’s verdict.” United States v. Vizcarra-Martinez, 66 F.3d 1006, 1017 (9th Cir.1995) (internal quotation marks omitted). Without deciding whether the statement reports were erroneously admitted, we conclude any error is harmless because Appellant’s guilt was supported by overwhelming evidence.