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093611P.pdf 04/22/2011 United States v. Rasim Causevic
U.S. Court of Appeals Case No: 09-3611
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Arnold, Author, with Shepherd and Bright, Circuit Judges]
Criminal Case - conviction. In conviction for making a materially false
statement and making a false statement in an immigration matter, use of
Bosnian judgment of conviction following trial in absentia violates
Confrontation Clause, as the judgment is testimonial because the
government used it as evidence that Causevic lied and government did
not show witnesses were unavailable or that Causevic had an opportunity
for cross-examination. Evidence admitted at trial was more than
sufficient to support a finding beyond a reasonable doubt that Causevic
lied and denial of statement was material, as it was capable to influencing
immigration decision. Judge Shepherd concurs.