U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Victor Diaz-Ozuna

United States v. Victor Diaz-Ozuna
U.S. Court of Appeals for the Ninth Circuit · Decided April 15, 2011 · Reinhardt, Hawkins, Gould
428 F. App'x 699

United States v. Victor Diaz-Ozuna

Opinion

MEMORANDUM *

Victor Manuel Diaz-Ozuna (“Diaz”) appeals his conviction for illegal reentry after a prior deportation, in violation of 8 U.S.C. § 1326, arguing the district court violated his Sixth Amendment right of confrontation when it admitted a Certificate of Nonexistence of Record (“CNR”) to prove the lack of consent to reentry element without providing for cross-examination of the certifying officer. The government concedes that admission of the CNR was erroneous under United States v. Orozco-Acosta, 607 F.3d 1156, 1161 & n. 3 (9th Cir. 2010), cert. denied, — U.S. -, 131 S.Ct. 946, 178 L.Ed.2d 782 (2011). Nonetheless, the conceded error was rendered harmless beyond a reasonable doubt by other substantial evidence confirming Diaz’s lack of permission to enter the United States. See id. at 1162.

AFFIRMED.

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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