What is the test for admitting a Certificate pursuant to Rule 902(1) as a self-authenticating document?

The plain language of Rule 902(1) specifically lists the entities that may issue self-authenticating documents. The Rule is not ambiguous and must be applied as written. See Gardenhire v. IRS (In re Gardenhire), 209 F.3d 1145, 1152 (9th Cir. 2000). Because Indian tribes are not listed among the entities that may produce self-authenticating documents,⁵

Page 16

the district court abused its discretion in admitting the Certificate pursuant to Federal Rule of Evidence 902(1) as a self-authenticating document. See United States v. Nguyen, 465 F.3d 1128, 1130 (9th Cir. 2006)⁶ (articulating that a district court abuses its discretion when it admits evidence "based on an erroneous view of the law") (citation and internal quotation marks omitted).⁷