United States. v. Martinez-Jimenez, ___ F.3d ___, 2006 WL 2789865 (9th Cir. Sept. 29, 2006) (NCIC report is sufficiently reliable to be used to establish existence of criminal conviction, for purposes of increasing criminal history category for criminal sentence, at least where no evidence of inaccuracy of such reports has been presented); accord, United States v. Urbina-Mejia, 450 F.3d 838 (8th Cir. 2006); cf. United States v. McDonald, 606 F.2d 552, 553-54 (5th Cir. 1979) (stating in the context of probable cause to arrest that "the cases uniformly recognize that NCIC printouts are reliable enough to form the basis for the reasonable belief which is needed to establish probable cause").

jurisdiction: 
Ninth Circuit

 

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