061876P.pdf   05/09/2007  United States  v.  J. Torres-Villalobos
   U.S. Court of Appeals Case No:  06-1876
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Colloton, Author, with Smith and Bowman, Circuit
   Judges]
   Criminal case - Criminal law and sentencing. In prosecution for
   illegally re-entry after deportation, court did not err in admitting evidence
   of two prior deportations; admission of warrants of deportation did not
   violated defendant's Sixth Amendment rights as they are not testimonial
   evidence that implicate the Confrontation Clause; fact and nature of prior
   conviction may be decided by the court; district court erred in finding
   Minnesota conviction for second-degree manslaughter was a crime of
   violence under 18 U.S.C. Sec. 16 or 8 U.S.C. Sec. 1326(b)(2); case
   remanded for resentencing.
  
061876P.pdf   02/22/2007  United States  v.  J. Torres-Villalobos
   U.S. Court of Appeals Case No:  06-1876
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Colloton, Author, with Smith and Bowman, Circuit Judges]
   Criminal case - criminal law and sentencing. No error in admitting
   evidence of defendant's 2003 deportation as it was relevant to proving the
   offense of illegal re-entry and defendant agreed that the case would be
   submitted on the allegation that he had been deported in 2003; no error in
   admitting warrants of deportation as they are non-testimonial official
   records prepared independent of this litigation, and do not implicate the
   Confrontation Clause of the Sixth Amendment; district court erred in
   finding prior state court conviction for second-degree manslaughter was a
   crime of violence under 18 U.S.C. Sec. 16 or an aggravated felony under
   8 U.S.C. Sec. 1326(b)(2); case remanded for resentencing.