NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT APR 15 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 09-10435
Plaintiff - Appellee, D.C. No. 4:08-cr-00739-RCC-
CRP-1
v.
VICTOR MANUEL DIAZ-OZUNA, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, District Judge, Presiding
Argued and Submitted April 12, 2011
Pasadena, California
Before: REINHARDT, HAWKINS, and GOULD, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
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, 131 S. Ct.
946 (Jan. 10, 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.
2