United States of America v Strickland - Opinion

I agree with Judge Berzon that docket sheets, as a general category, are not inherently reliable and do not qualify as documents that satisfy the rigorous standard necessary to be used as conclusive proof of a prior conviction. Shepard v. United States, 544 U.S. 13, 21, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005); United States v. Navidad-Marcos, 367 F.3d 903, 908 (9th Cir.2004).

However, I am persuaded, under the unique circumstances of this case, that the tendered evidence was sufficient to prove that the defendant’s Maryland conviction for child abuse was a predicate offense under 18 U.S.C. §…