United States v. Humberto Duron-Caldera

HIGGINSON, Circuit Judge:

Humberto Homero Duron-Caldera appeals his conviction for illegal reentry. On appeal, he argues that the district court’s admission of his grandmother’s affidavit violated his Confrontation Clause rights. For the reasons articulated below, we VACATE Duron-Caldera’s conviction and REMAND for further proceedings consistent with this opinion.

I

On March 16, 2011, a federal grand jury indicted Duron-Caldera with one count of illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a). In order to convict him of this offense, the government was required to prove…