Wednesday, November 22, 2006
Eighth Circuit Court of Appeals affirms conviction from the District of Nebraska against Defendant for illegally entering the USA after deportation. ICE Department records were not "testimonial" business records, and therefore admissible even under Crawford v Washington; Judge Camp also cured her "prejudicial" comments about coming from Canada. USA v. Urqhart U.S. Court of Appeals Case No. 06-1242 District of Nebraska 061242P.pdf 11/22/06 . State Patrol officers arrested the defendant, a Canadian citizen whom immigration officials had earlier deported on Interstate 80 near Sidney. What do illegal immigrants from Canada like so much about Sidney? Federal prosecutors offered a "Certificate of Nonexistence of a Record" from the defendant's alien-file. Defendant objected that offering this records evidence violated his 6th Amendment rights to confront witnesses, per Crawford v. Washington, 541 U.S. 36 (2004). Eighth Circuit affirms conviction for violating 8 U.S.C. § 1326(a). The "nonexistence certificate" is nontestimonial evidence and its admission in prosecution for illegal reentry after deportation did not violate defendant's confrontation clause rights; further trial judge's statement that defendant was "from Canada" did not require a mistrial in light of the court's curative instruction.