Submitted December 11, 2014.
Appeal from United States District Court for the District of Nebraska - Omaha.
For United States of America, Plaintiff - Appellee: Frederick D. Franklin, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, Omaha, NE.
Lorenzo Pedro Lorenzo-Lucas, Defendant - Appellant, Pro se, Omaha, NE.
For Lorenzo Pedro Lorenzo-Lucas, Defendant - Appellant: Richard Haile McWilliams, Assistant Federal Public Defender, FEDERAL PUBLIC DEFENDER'S OFFICE, Omaha, NE.
Before LOKEN, BRIGHT, and KELLY, Circuit Judges.
BRIGHT, Circuit Judge.
Appellant Lorenzo Pedro Lorenzo-Lucas (" Lorenzo-Lucas" ) was convicted by jury of one count of illegal reentry into the United States in violation of 8 U.S.C. § 1326(a). Over Lorenzo-Lucas's objection, the Government introduced at trial a form I-205, also known as a warrant of deportation, to establish that Lorenzo-Lucas had been previously deported in 2005. On appeal, Lorenzo-Lucas argues that the district court's admission of the warrant violated his Sixth Amendment right to be confronted by adverse witnesses. We disagree and therefore affirm.
On January 9, 2014, Lorenzo-Lucas was arrested on suspicion that he had reentered the United States illegally. As part of the developing investigation, the arresting officer requested Lorenzo-Lucas's alien file (A-file) which contained a signed warrant of deportation. " A warrant of deportation is a document that commands an immigration official to take custody of the deportee and to remove him from the United States." United States v. Torres-Villalobos, 487 F.3d 607, 612 (8th Cir. 2007). " A signed warrant indicates that the attesting witness observed the deportee leaving the country." Id.
The district court denied Lorenzo-Lucas's pretrial motion to suppress the warrant. At trial, the Government sought to
admit the contents of Lorenzo-Lucas's A-file into evidence, including the warrant of deportation which indicated that Lorenzo-Lucas had been deported on May 4, 2005, pursuant to an order of removal. Lorenzo-Lucas objected on the ground that the admission of the warrant violated his Sixth Amendment confrontation rights. ...