US v. Cervantes-Flores
No. 04-50113 (8-24-05). This 1326 case raises the interesting issue of whether a Certificate of Nonexistence of records was a violation of the sixth amendment. the 9th found that it was not. The CNR records facts that were present before the onset of litigation, and that it was routine (like the witnesses of a deportation). It also does not resemble testimonial evidence: it has none of the dangers of police questioning or interrogation; this is a "negative" public record/business record.