United States v. Rueda-Rivera

Oscar Enrique Rueda-Rivera appeals his jury-trial conviction and sentence for being found in the United States following deportation and removal, without having obtained the consent of the Attorney General or the Secretary of the Department of Homeland Security. We AFFIRM, and write briefly to make clear that the Certificate of Nonexistence of Record (“CNR”) was properly admitted into evidence to establish that the Government had not consented to the defendant’s presence in the country.

I

Rueda-Rivera was charged with re-entering the United States after removal, without having obtained the…