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U.S. v. ALVIREZ

No. 11-10244.

709 F.3d 1305 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Edgar Mike ALVIREZ, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2013.

Attorney(s) appearing for the Case

Jon M. Sands , Federal Public Defender, District of Arizona; Daniel L. Kaplan (argued), Assistant Federal Public Defender, Phoenix, AZ, for Defendant-Appellant.

Ann Birmingham Scheel , Acting United States Attorney, District of Arizona; Randall M. Howe , Deputy Appellate Chief; Heather H. Belt (argued), Assistant United States Attorney, Phoenix, AZ, for Plaintiff-Appellee.

Before: D.W. NELSON, JOHNNIE B. RAWLINSON, and SANDRA S. IKUTA, Circuit Judges.

OPINION

RAWLINSON, Circuit Judge:

Edgar Alvirez, Jr. (Alvirez) appeals his jury conviction and sentence for assault resulting in serious bodily injury on an Indian reservation, in violation of 18 U.S.C. §§ 1153 and 113(a)(6).

We have jurisdiction pursuant to 28 U.S.C. § 1291 to review the district court's judgment. We conclude that the district court abused its discretion when it admitted the unauthenticated Certificate of Indian Blood...

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