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United States v. Caraballo

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Before MARCUS and WILSON, Circuit Judges, and RESTANI,*fn1 Judge.

Abimel Caraballo appeals his convictions for alien smuggling and his ensuing sentence. He claims that the district court erred in admitting evidence recovered from an unlawful search, and in admitting a standard INS form taken from the immigration files of the aliens he smuggled, in violation of the Federal Rules of Evidence and the Confrontation Clause of the Sixth Amendment. Caraballo also challenges his sentence of forty-six months’ imprisonment, arguing that the district court made multiple errors in calculating the applicable sentencing range under the United States Sentencing Guidelines. After thorough review, we affirm Caraballo’s convictions and his sentence.

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