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Media Alerts - United States v. Lorenzo-Lucas - 8th Circuit
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January 5, 2015
  United States v. Lorenzo-Lucas - 8th Circuit
Case Name United States v. Lorenzo-Lucas

Headline Eighth Circuit panel affirms trial court evidentiary ruling that a warrant of deportation does not implicate a criminal defendant's Confrontation Clause rights

Area of Law Evidence, Criminal Procedure

Issue(s) Presented Whether a signed warrant of deportation is testimonial evidence that implicates the Confrontation Clause of the Sixth Amendment to the Constitution

Brief Summary The individual Defendant was convicted of illegal reentry into the United States after a prior deportation. At trial in the reentry proceeding, the government introduced a form I-205 against the Defendant. This was a signed warrant, evidencing that in the prior matter an immigration official took custody of the Defendant as a deportee, and observed the Defendant leaving the country. The Defendant objected to the evidence of the warrant, on the ground that it was testimonial in nature. The Defendant argued that the government had to produce the individual(s) who signed the warrant, or had to establish that the Defendant had a prior opportunity to cross-examine the now unavailable individual(s).

The trial court overruled the Defendant's objection, and the Eighth Circuit panel affirmed. The purpose of the I-205 form, said the panel, is to track movements of aliens and to enforce deportation. The purpose is not to create testimony for future criminal litigation.

The full text of the opinion may be found at

Panel Circuit Judges Loken, Bright, and Kelly

Date of Issued Opinion December 30, 2014

Decided Affirmed

Docket Number 14-2758

Counsel Frederick D. Franklin for the United States and Richard Haile McWilliams for Defendant

Author Judge Bright

TextCase Alert Circuit Supervisor Bradley Clary, University of Minnesota Law School

    Posted By: Bradley Clary @ 01/05/2015 01:47 PM     8th Circuit  

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