Lopez-Chamu

United States v. Lopez-Chamu

Good Law
185 F. App'x 631
United States Court of Appeals for the Ninth CircuitJune 16, 2006No. 05-50950California301 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Andres Lopez-Chamu appeals his 27-month sentence imposed following his guilty plea to being found in the United States after illegal re-entry, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Lopez-Chamu contends that the district court violated his constitutional rights by imposing a sentence in excess of the two-year maximum set forth in 8 U.S.C. § 1326 (a) based on a prior conviction that was neither proved to a jury nor admitted during the plea colloquy. This contention is foreclosed by United States v. Weiland, 420 F.3d 1062 , 1079 & n. 16 (9th Cir.2005), cert. denied, — U.S.-, 126 S.Ct. 1911 , -L.Ed.2d-(2006).

Lopez-Chamu next contends that the district court violated his Confrontation Clause rights by admitting three warrants of removal/deportation and a certificate of nonexistence of record (“CNR”) because they are testimonial documents and violate *632 Crawford, v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004). This contention is foreclosed by United States v. Bahena-Cardenas, 411 F.3d 1067, 1074-75 (9th Cir.2005), cert. denied, — U.S. -, 126 S.Ct. 1652 , 164 L.Ed.2d 398 (2006)…

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