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U.S. v. EARLE

No. 06-1727.

488 F.3d 537 (2007)

UNITED STATES of America, Appellee, v. Clarence L. EARLE, a/k/a Eric Allen, a/k/a Theodore Wilson, a/k/a Lemont Tippet, a/k/a Robert Preval, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 6, 2007.

Attorney(s) appearing for the Case

Charles W. Rankin, with whom Jonathan Harwell and Rankin & Sultan were on brief, for appellant.

Seth P. Berman, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

LYNCH, Circuit Judge.

In November 2005, a jury convicted Clarence L. Earle on one count of illegal reentry of a deported alien, in violation of 8 U.S.C. § 1326. The district court sentenced Earle to 78 months of imprisonment, 36 months of supervised release, and a $100 special assessment.

On appeal, Earle argues there were two trial errors: (1) that his right to confrontation under the Sixth Amendment, as defined in Crawford v. Washington,

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