Montalvo

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA  No. 07-16762 Plaintiff-Appellee, D.C. Nos.  v. CV-07-COA- Postjgmt

MICHAEL L. MONTALVO, CR-89-00062-WBS

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the Eastern District of California William B. Shubb, District Judge, Presiding

Argued and Submitted March 10, 2009—San Francisco, California

Filed September 16, 2009

Before: J. Clifford Wallace, Sidney R. Thomas and Jay S. Bybee, Circuit Judges.

Opinion by Judge Wallace

13457 13460 UNITED STATES v. MONTALVO

COUNSEL

Richard B. Mazer, Law Offices of Richard B. Mazer, San Francisco, California, for the defendant-appellant.

McGregor W. Scott, United States Attorney, and Phillip A. Talbert, Assistant United States Attorney, Chief of Appeals, Sacramento, California, for the plaintiff-appellee.

OPINION

WALLACE, Senior Circuit Judge:

Nearly two decades ago, a jury found Montalvo guilty of operating a continuing criminal enterprise engaged in the sale and trafficking of illegal narcotics. He was subsequently…