United States v. Jose De La Torre-Ventura

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 22, 2014
• Docket: 12-50249
• Status: Unpublished

Opinion

FILED NOT FOR PUBLICATION JAN 22 2014

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-50249

Plaintiff - Appellee, D.C. No. 3:11-cr-04829-BEN

v. MEMORANDUM* JOSE MANUEL DE LA TORRE- VENTURA,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding

Submitted January 21, 2014**

Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.

Jose Manuel De La Torre-Ventura appeals from the district court’s judgment

and challenges his bench-trial conviction for being a deported alien found in the

United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). U.S.C. § 1291, and we affirm.

De La Torre-Ventura contends that the district court violated his Sixth

Amendment right to confrontation by admitting documents from his Alien

Registration File to establish that he had been previously removed from the United

States. Each of De La Torre-Ventura’s arguments in support of this claim fail. See

United States v. Rojas-Pedroza, 716 F.3d 1253, 1267-69 (9th Cir. 2013), cert.

denied, __ S. Ct. __, 2013 WL 5965669 (Dec. 9, 2013).

AFFIRMED.

2 12-50249