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U.S. v. VALDOVINOS-MENDEZ

No. 09-50532.

634 F.3d 1049 (2011)

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

United States Court of Appeals, Ninth Circuit.

Filed February 15, 2011.

Attorney(s) appearing for the Case

David M.C. Peterson , Federal Defenders of San Diego, Inc., and James Fife (argued), Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Laura E. Duffy , United States Attorney, Bruce R. Castetter , Chief, Appellate Section, W. Mark Conover (briefed), and Kyle W. Hoffman (argued), Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Before: MARY M. SCHROEDER and RICHARD C. TALLMAN, Circuit Judges, and JOHN A. JARVEY, District Judge.

OPINION

JARVEY, District Judge:

Francisco Valdovinos-Mendez appeals his conviction for illegally re-entering the United States following removal, in violation of 8 U.S.C. § 1326. Valdovinos-Mendez contends that the admission into evidence of a certificate of non-existence of record ("CNR") and certain documents from his Alien Registration File ("A-file") violated his rights under the Sixth Amendment's Confrontation Clause. Citing the best evidence rule...

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