United States v. Herrera-Guardad

U.S. Court of Appeals for the Fourth Circuit
United States v. Herrera-Guardad, 1 F. App'x 140 (4th Cir. 2001)

United States v. Herrera-Guardad

Opinion

PER CURIAM.

Oscar Herrera-Guardad appeals his conviction for unauthorized re-entry by a deported alien in violation of 8 U.S.C.A. §§ 1326(a), (b)(2) (West 1999). We affirm.

Herrera-Guardad contends the district court erred by admitting documents from the Mien File that the Immigration and Naturalization Service compiled and maintained regarding his alien status. “[D]eei-sions regarding the admission and exclusion of evidence are peculiarly within the province of the district court, not to be reversed on appeal absent an abuse of discretion.” United States v. Ellis, 121 F.3d 908, 926 (4th Cir. 1997) (citation omitted).

We have reviewed the record and briefs and find that the district court did not abuse its discretion by admitting the records. Accordingly, we affirm Herrera-Guardad’s conviction. We grant Appellant’s motion to submit on the briefs and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Oscar HERRERA-GUARDAD, Defendant-Appellant
Status
Unpublished