United States v. Martinez-Rios

Florentino Martinez-Rios appeals his conviction of illegal reentry into the United States. He argues that the prosecution’s reliance on a Certificate of Nonexistence of Record (“CNR”), without providing the testimony of the records analyst, violated his Sixth Amendment rights under the Confrontation Clause. We affirm.

I

Border Patrol Agent Gerald Blanco observed three individuals hanging from the side of a train passing through the inspection station in Gardendale, Texas. Blanco began to follow alongside the train in his vehicle and saw one person jump off and run into the brush. Blanco ordered…