United States v. Duron-Caldera, No. 12-50738 (5th Cir. 2013)Annotate this Case
Defendant appealed his conviction for illegal reentry, arguing that the district court's admission of his grandmother's affidavit violated his Confrontation Clause rights. Based on the court's review of the record, the court concluded that the government failed to establish that the affidavit was not created for the primary purpose of providing evidence for a later criminal trial. Because the government has not met its burden to prove that the affidavit was nontestimonial, the district court erred in admitting the affidavit. Because the district court's error was not harmless, the court vacated the judgment and remanded for further proceedings.
The court issued a subsequent related opinion or order on January 20, 2014.