Opinion
No. 09-10435.
Argued and Submitted April 12, 2011.
Filed April 15, 2011.
Serra Marie Tsethlikai, Assistant U.S., Robert Lally Miskell, Assistant U.S., USTU-Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.
Daniel L. Kaplan, Assistant Federal Public Defender, FPDAZ-Federal Public Defender's Office, Phoenix, AZ, for Defendant-Appellant.
Appeal from the United States District Court for the District of Arizona, Raner C. Collins, District Judge, Presiding. D.C. No. 4:08-cr-00739-RCC-CRP-1.
Before: REINHARDT, HAWKINS, and GOULD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
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.