United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 12, 2006
Charles R. Fulbruge III
Clerk
No. 05-50330
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE EDUARDO AGUILERA-TORRES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:04-CR-1305-ALL
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Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Jose Eduardo Aguilera-Torres appeals his jury-trial
conviction for reentering the United States after removal,
without having obtained the consent of the Attorney General and
the Secretary of the Department of Homeland Security. Aguilera-
Torres contends that the introduction into evidence of a
Certificate of Nonexistence of Record (CNR), which showed that he
had not been granted permission to reenter the United States,
violated his rights under the Confrontation Clause in light of
the Supreme Court’s decision in Crawford v. Washington, 541 U.S.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 05-50330
-2-
36 (2004). Aguilera-Torres concedes that his argument is
foreclosed by United States v. Rueda-Rivera, 396 F.3d 678 (5th
Cir. 2005), but raises it to preserve it for possible Supreme
Court review.
In Rueda-Rivera, 396 F.3d at 680, the court rejected the
same argument made by Aguilera-Torres. The court determined that
admitting a CNR into evidence does not violate the Confrontation
Clause because a CNR “does not fall into the specific categories
of testimonial statements referred to in Crawford.” Id.
Accordingly, Aguilera-Torres’s argument is foreclosed. His
conviction is therefore AFFIRMED.