United States v. Santiago Contreras Orozco

Santiago Contreras Orozco was convicted of manufacturing 1,000 or more marijuana plants, in violation of 21 U.S.C. § 841 (a)(1), (b)(l)(A)(vii), and 18 U.S.C. § 2 , and carrying a firearm during a drug trafficking crime, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 924 (c)(1)(A)®. Orozco appeals his convictions, challenging two rulings made by the district court. First, he assigns error to the district court’s denial of his motion for a mistrial because a government witness testified that Orozco was advised of “his right to a consulate.” Orozco, a citizen of Mexico, argues that the consulate reference was “highly prejudicial” because it amounted to a disclosure that he was illegally in the United States. Second, Orozco claims that his constitutional rights were violated when the district court refused to reopen the evidence to allow him to testify — a request Orozco made during the closing-argument phase of trial. Because Orozco fails to establish that either of the district court’s decisions was an abuse of discretion, we affirm the judgment.

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In late 2010, an elk hunter reported to the United States Forest Service a potential marijuana grow in the Wenaha…