United States v. Jose Efrain Ibarra Cantellano

This appeal raises four issues, the first three of which are issues of first impression in this Circuit: (1) whether, under Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), a warrant of deportation is testimonial evidence subject to confrontation at trial; (2) whether, under Craioford, a defendant has a right to confrontation at sentencing; (3) whether, under Shepard v. United States, - U.S.-, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005), a sentencing court may use documents other than court records to identify a defendant with a conviction; and (4) whether a sentencing…