Santana-Villasenor

United States v. Santana-Villasenor

Good Law
336 F. App'x 728
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 06-50034California296 words

Opinion

Lead Opinion

MEMORANDUM **

Arturo Santana-Villasenor appeals from the district court’s order denying his motion to exclude the warrant of deportation and certificate of nonexistence of record, as well as from the 41-month sentence imposed following his conditional guilty-plea conviction for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Santana-Villasenor contends that the district court’s admission into evidence of a warrant of deportation and a certificate of nonexistence of record violates his Sixth Amendment Confrontation Clause rights. As he concedes, these contentions are foreclosed. See United States v. Bahena-Cardenas, 411 F.3d 1067, 1075 (9th Cir.2005); see also United States v. Cervantes-Flores, 421 F.3d 825, 834 (9th Cir.2005) (per curiam).

Santana-Villasenor contends that the district court procedurally erred at sentencing by treating the U.S. Sentencing Guidelines range as presumptively reasonable. The district court did not plainly err. See United States v. Carty, 520 F.3d 984, 994-95 (9th Cir.2008) (en banc); see also United States v. Dallman, 533…

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