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Case 1:20-cr-00330-PAE Document 488 Filed 11/22/21 Page5of6 Page 5 The birth certificates are also self-authenticating under Rule 902(4)(B). That rule permits self-authentication based on “a certificate that complies with Rule 902(1), (2), or (3), a federal statute, or a rule prescribed by the Supreme Court.” This rule is satisfied in two ways. ce First, the certifications comply with Rule 902(1). Each certification bears “a seal purporting to be that of... any state .. .; a political subdivision . . . ; or a department, agency, or officer of’ a state. Fed. R. Evid. 902(1)(A). And each certification bears a “signature purporting to be an execution or attestation.” Fed. R. Evid. 902(1)(B). The certifications on the birth certificates therefore meet the requirements of Rule 902(4)(B). Second, as noted above, Federal Rule of Civil Procedure 44(a)(1) explains that the evidence necessary to “evince[] an official record” that is “kept within the United States[ or] any state” is “a copy attested by the officer with legal custody of the record and accompanied by a certificate that the officer has custody.” Fed. R. Civ. P. 44(a)(1)(B); see Fed. R. Crim. P. 27 (incorporating the Federal Rules of Civil Procedure on this subject). That certification must be “made under seal ... by any public officer with a seal of office and with official duties in the district or political subdivision where the record is kept.” Fed. R. Civ. P. 44(a)(1)(B)(ii). Each of the certifications described above is by a public officer with official duties in the location where the birth certificate is kept, as stated in the certification, and each is sealed. That is sufficient. See United States v. Weiland, 420 F.3d 1062, 1073 (9th Cir. 2005) (concluding that records of prior convictions, fingerprints, and other materials from prison were self-authenticating under Rules 902(2) and 902(4) and that “Federal Rule of Civil Procedure 44(a)(1), incorporated into Federal Rule of Criminal Procedure 27, accords with our analysis.”). DOJ-OGR-00007405