United States v. Fuentes-Lopez, No. 20-1188 (1st Cir. 2021)
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The First Circuit affirmed Defendant's conviction of unlawful reentry into the United States, in violation of 8 U.S.C. 1326(a), holding that Defendant's claims of error were without merit.
On appeal, Defendant challenged the government's introduction into evidence under Fed. R. Evid. 803(8) of a so-called I-296 form. The First Circuit affirmed, holding (1) Defendant failed to demonstrate that the district court committed plain error in admitting the I-296 document into evidence; and (2) the record adequately supported a finding that the "previously removed" element of the statute of conviction was met, and therefore, Defendant's motion for judgment of acquittal was properly denied.
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