United States v. Ortega-Calderon, No. 14-40889 (5th Cir. 2016)
Annotate this CaseDefendant appealed his sentence for unlawful presence in the United States after previous deportation, arguing that the district court erred by relying on a docket sheet and a Disposition of Arrest and Court Action to impose a sentencing enhancement under U.S.S.G. 2L1.2. In this case, the district court found that the docket report contains a significant amount of detail regarding the proceedings in the 2003 case, and the two documents strongly corroborate one another. Both identify the defendant as “Juan Ortega Calderon,” indicate that he pleaded nolo contendere to a single charge of assault with a deadly weapon, and show he was sentenced to 180 days in jail and thirty-six months’ probation. Furthermore, defendant has presented no evidence challenging the veracity of the information contained in these documents. Therefore, the court concluded that the evidence bears sufficient indicia of reliability and the district court did not clearly err. The court affirmed the judgment.
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