Uncertified court documents may be sufficient to establish fact of prior conviction for sentence enhancement purposes

SENTENCING United States v. Zuniga-Chavez, No. 04-2293, ___ F.3d ___ (10th Cir. Sep. 27, 2006)(New Mexico). Appeal of sentence after pleading guilty to unlawful reentry to United States after deportation. HELD: Uncertified court documents may be sufficient to establish fact of prior conviction necessary for sentence enhancement. Reliability — not certification — is key for determining sufficiency of evidence of prior conviction. Although certification is preferable, it is not prerequisite to reliability. Case summary obtained from state court and prepared by clerk — even if not certified by that court — may be sufficiently reliable evidence of conviction for purpose of enhancing a federal sentence where defendant fails to put forward any persuasive contradictory evidence. Read the opinion here.