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U.S. v. BALLESTEROS-SELINGER

No. 05-50287.

454 F.3d 973 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Eloy BALLESTEROS-SELINGER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2006.

Attorney(s) appearing for the Case

Jodi D. Thorp and Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Valerie H. Chu, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before SIDNEY R. THOMAS and RONALD M. GOULD, Circuit Judges, and WILLIAM W. SCHWARZER, Senior District Judge.

GOULD, Circuit Judge.

Upon a trial by jury, Eloy Ballesteros-Selinger ("Ballesteros") was convicted of illegal re-entry following deportation in violation of 8 U.S.C. § 1326. Ballesteros contends that the district court erred in admitting a memorandum of oral decision into evidence urging the theory that its admission violated the Confrontation Clause.1 We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

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