Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States of America v. Francisco

February 15, 2011

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
FRANCISCO VALDOVINOS-MENDEZ,
DEFENDANT-APPELLANT.



D.C. No.08CR449-MMA Appeal from the United States District Court for the Southern District of California Michael M. Anello, District Judge, Presiding

The opinion of the court was delivered by: Jarvey, District Judge:

FOR PUBLICATION

Argued and Submitted

November 2, 2010-Pasadena, California

Before: Mary M. Schroeder and Richard C. Tallman, Circuit

Judges, and John A. Jarvey, District Judge.*

Opinion by Judge Jarvey

*The Honorable John A. Jarvey, District Judge for the Southern District of Iowa, sitting by designation.

2479

OPINION

COUNSEL

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 nonexistence 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, he also contests the admission of testimony from an A-file custodian regarding the absence of any record of Valdovinos-Mendez applying for permission to re-enter the United States. In addition, he challenges a sixteen-level enhancement to his Sentencing Guideline base offense level imposed for a prior conviction of assault with a deadly weapon under California Penal Code § 245(a), arguing that it does not qualify as a "crime of violence" within the meaning of U.S.S.G. § 2L1.2(b)(1)(A)(ii). Finally, Valdovinos-Mendez asserts that ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.