Galvan-Lizarraga
United States v. Galvan-Lizarraga
Opinion
lead Opinion
MEMORANDUM **
Adrian Galvan-Lizarraga appeals his conviction and sentence for attempted reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
1. Galvan-Lizarraga contends that the district court violated his Sixth Amendment right to confrontation by limiting the scope of his cross-examination of Hayes, Lubin, and Korkin on two investigative reports. We review the “limitation on the scope of cross-examination within an area of inquiry” for abuse of discretion. United States v. Larson, 495 F.3d 1094, 1102 (9th Cir.2007) (en banc). The district coui’t did not unreasonably restrict the cross-examination of the witnesses. Rather, the district court required that Galvan-Lizarraga establish a proper foundation prior to asking the witnesses about either report. That limitation was not an abuse of discretion. Moreover, Galvan-Lizarraga was able to put sufficient evidence to the juxy from which it could assess the credibility of the witnesses. See id. at 1103 .
2. Galvan-Lizarraga contends that the district court erred in admitting evidence of a 2004 removal when evidence of a 2003 removal had already been…