United States v. Christian Faulk

478 F. App'x 464

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 13, 2012
• Docket: 11-50402
• Status: Unpublished

Opinion

MEMORANDUM *

1. Warrants of removal are admissible under the public records hearsay exception, see United States v. Hernandez-Rojas, 617 F.2d 533, 535 (9th Cir.1980), and we’ve permitted their use as proof of alien-age, see United States v. Sotelo, 109 F.3d 1446, 1449 (9th Cir.1997); see also United States v. Hernandez-Herrera, 273 F.3d 1213, 1217-18 (9th Cir.2001).

2. The prosecutor’s statement during closing argument that U.S. citizens aren’t placed in removal proceedings didn’t “undermine the fundamental fairness of the trial and contribute to the miscarriage of justice.” United States v. Del Toro-Barboza, 673 F.3d 1136, 1152 (9th Cir.2012) (internal quotation marks omitted).

3. The district judge did not err in applying a sentencing enhancement for “intentionally or recklessly creating a substantial risk of death or serious bodily injury.” See U.S.S.G. § 2Ll.l(b)(6). The alien in United States v. Torres-Flores, 502 F.3d 885, 889 (9th Cir.2007), was hidden behind the back seat in the cab of a pickup truck. Here, the court found the alien was “locked in” a tiny compartment with “jagged edges” and “would not have the ability to exit on [her] own.” Faulk’s conduct was akin to transporting an alien in the trunk of a car, which is one of the examples listed in the Guidelines application notes as triggering the enhancement. See U.S.S.G. § 2L1.1 cmt. n. 5.

AFFIRMED.

* This disposition isn’t appropriate for publication and isn't precedent except as provided by 9th Cir. R. 36-3.