United States v. Valdez-Maltos

Aurelio Valdez-Maltos (Valdez) was convicted after a jury trial of being found unlawfully present in United States follow ing deportation, and he was sentenced to 77 months of imprisonment, three years of supervised release, and a $100 special assessment that was ordered remitted on motion of the Government.

Valdez argues that the district court abused its discretion in overruling his hearsay objection to Border Patrol Agent Amador Carbajal’s testimony that there was no record of his application for permission to enter the United States. He contends that this testimony did not qualify under…