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U.S. v. DIAZ-LOPEZ

No. 09-50604.

625 F.3d 1198 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Miguel DIAZ-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 9, 2010.

Attorney(s) appearing for the Case

Karen P. Hewitt , United States Attorney, Bruce R. Castetter , Thomas B. Snyder , Assistant United States Attorneys, United States Attorney's Office, San Diego, CA, for plaintiff-appellee United States of America.

Vincent J. Brunkow , Federal Defenders of San Diego, Inc., San Diego, CA, for defendant-appellant Luis Miguel Diaz-Lopez.

Before: DIARMUID F. O'SCANNLAIN, RONALD M. GOULD and MILAN D. SMITH, JR., Circuit Judges.

OPINION

GOULD, Circuit Judge:

At a bench trial, Luis Diaz-Lopez ("Diaz") was convicted of being a removed alien found in the United States in violation of 8 U.S.C. § 1326(a). Diaz contends that the district court erred in admitting testimony about the results of a database search introduced to show that Diaz had no permission to return, urging theories that the testimony lacked foundation and that it violated the best evidence rule.

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