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U.S. v. MATEO-MENDEZ

No. 99-50394.

215 F.3d 1039 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco MATEO-MENDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 21, 2000.

Attorney(s) appearing for the Case

Leslie S. Daniels (argued), Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.

Bruce R. Castetter and Kevin J. Kelly (argued), Assistant United States Attorneys, San Diego, California, for the plaintiff-appellee.

Before: REINHARDT and O'SCANNLAIN, Circuit Judges, and SCHWARZER, Senior District Judge.

O'SCANNLAIN, Circuit Judge:

We must decide whether a "Certificate of Nonexistence of Record" issued on behalf of the Attorney General was appropriately admitted into a criminal trial for illegal reentry by an alien as evidence of lack of permission despite the fact that the document was not executed by an officer to whom the Attorney General had expressly delegated such authority.

I

On July 6, 1998, an agent of the U.S. Border Patrol who was patrolling...

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