NCIC printout and letter from court clerk are sufficient to establish sentence-enhancing fact of prior conviction by preponderance of evidence

SENTENCING United States v. Martinez-Jimenez, No. 04-2324, ___ F.3d ___ (10th Cir. Sep. 29, 2006)(New Mexico). Appeal of sentence for illegal reentry to United States by deported alien previously convicted of aggravated felony in violation of 8 U.S.C. § 1326(a)(1), (a)(2), and (b)(2). HELD: Fact of prior conviction necessary to enhance sentence under sentencing guidelines only need be proven by preponderance of evidence. Therefore, conviction listed on National Crime Information Center printout and confirmed by letter from New York court clerk, was sufficiently reliable to establish existence of sentence-enhancing fact. Read the opinion here.