68 F. App'x 864

UNITED STATES of America, Plaintiff—Appellee, v. Noel Martinez SANCHEZ, Defendant-Appellant.

No. 02-50347.

D.C. No. CR-01-02957-MJL.

United States Court of Appeals, Ninth Circuit.

Submitted July 11, 2003.*

Decided July 15, 2003.

Before KOZINSKI, FERNANDEZ, and RYMER, Circuit Judges.

MEMORANDUM **

Noel Martinez-Sanehez appeals his conviction and sentence for attempted reentry *865after deportation in violation of 8 U.S.C. § 1326. We affirm.

Any error pertaining to the admission of Martinez-Sanchez’s statements to INS Inspector West, the government’s eliciting expert testimony from INS Inspector Armijo, or references by government witnesses to Martinez-Sanchez’s criminal history is harmless beyond a reasonable doubt given the overwhelming evidence of guilt presented at trial, including Martinez-Sanchez’s confession on the stand to each element of the offense.

Documents from Martinez-Sanchez’s A-file were not inadmissible hearsay or admitted in violation of the Confrontation Clause. United States v. Hemandez-Herrera, 273 F.3d 1213, 1217-18 (9th Cir. 2001).

Finally, Martinez-Sanchez’s argument that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) limits Almendarez-Torres v. United States, 523 U.S. 224, 226, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998) to the specific facts of that case is foreclosed by United States v. Arellano-Rivera, 244 F.3d 1119, 1127-28 (9th Cir.2001), and United States v. Pacheco-Zepeda, 234 F.3d 411, 414-15 (9th Cir .2000).

AFFIRMED.

United States v. Sanchez
68 F. App'x 864

Case Details

Name
United States v. Sanchez
Decision Date
Jul 15, 2003
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68 F. App'x 864

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United States

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