US v. Diaz-Lopez, No. 09-50604
Illegal Reentry Conviction Affirmed
In US v. Diaz-Lopez, No. 09-50604, the court affirmed defendant's conviction for being a removed alien found in the U.S., holding that 1) a border patrol agent's testimony laid a sufficient foundation for the evidence against defendant to be admissible; and 2) testimony that a search of a computer database revealed no record of a matter did not violate the best evidence rule when it was offered without the production of an "original" printout showing the search results.
As the court wrote: "At a bench trial, Luis Diaz-Lopez ("Diaz") was convicted of being a removed alien found in the United States in violation of 8 U.S.C. § 1326(a). Diaz contends that the district court erred in admitting testimony about the results of a database search introduced to show that Diaz had no permission to return, urging theories that the testimony lacked foundation and that it violated the best evidence rule."