Tuesday, April 08, 2014

United States v. Albino-Loe, No. 12-50428 (4-7-14) (Clifton with Schroeder and Tunheim, D.J.). 

In a spirited appeal from a 1326 conviction, the defendant argued that the Notice to Appear, required to initiate a removal, required confrontation.  The 9th disagreed, holding that the Notice was administrative and no testimonial.  The 9th also found that an agent's in court identification of the defendant as the person in the A-file was error because of the agent's limited familiarity with the defendant.  The error though was harmless.  The 9th affirmed the defendant's prior sentences for attempted murder and kidnaping as a crime of violence.  Variations between California's and other states affirmative defense of voluntary abandonment do not affect the character of the conviction.


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