Solorzano-Calderon

MEMORANDUM **

Fredys Jose Solorzano-Calderon appeals his conviction and 51-month sentence for being a deported alien found in the United States without permission, in violation of 8 U.S.C. § 1326 .

1. The district court did not violate Solorzano-Calderon’s Sixth Amendment right of confrontation by limiting his cross-examination of the government’s A-file custodian where no proper foundation was laid. See City of Long Beach v. Standard Oil Co. of California, 46 F.3d 929, 937 (9th Cir.1995). Additionally, Solorzano-Calderon was not prevented from presenting “relevant testimony])]” United States v. Lo, 231 F.3d 471, 482-83 (9th Cir.2000) (citation omitted).

2. Any error in the district court’s decision to permit the government’s expert witness to testify, and declining to grant a continuance, is not grounds for reversal because Solorzano-Calderon was not prejudiced. See United States v. Figueroa-Lopez, 125 F.3d 1241, 1247 (9th Cir.1997); see also United States v. Gonzalez-Rincon, 36 F.3d 859, 865 (9th Cir.1994) (acknowledging no prejudice where no evidence was presented regarding expert testimony that would have been obtained).

3. The district court did not err in instructing the…