Legal Opinion

United States v. Sanchez-Birruetta

Court of Appeals for the Ninth Circuit

Decided March 18, 2005No. 04-30150Published

1Opinion of the Court

MEMORANDUM *

Fernando Sanchez-Birruetta challenges his conviction for illegal reentry by a removed alien under 8 U.S.C. § 1326, arguing that the district court erred by admitting fingerprint identification testimony by Bureau of Immigration and Customs Enforcement fingerprint specialist Thomas Liszkiewicz. Sanchez-Birruetta also challenges his sentence under United States v. Booker, — U.S. — , — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Because the facts of this case are known to the parties, we describe them here only as necessary.

I. Admissibility of fingerprint evidence

A. Rule 702 &…

2Cases cited7 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  4. United States v. Lavern Hankey, AKA Poo, OpinionCourt of Appeals for the Ninth Circuit · 2000
  5. United States v. Oscar Quintana-QuintanaCourt of Appeals for the Ninth Circuit · 2004

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