United States v. Michael Ortiz

992 F.2d 1220 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Michael ORTIZ, Defendant-Appellant. No. 92-16181. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 5, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Michael Ortiz, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. Ortiz was convicted for conspiracy to possess marijuana with intent to distribute and conspiracy to import marijuana, in violation of 21 U.S.C. §§ 846 and 963. Ortiz contends that the district court erred by allowing the verdict to be returned when he was not present in the courtroom. We have jurisdiction pursuant to 28 U.S.C. § 2255 , and review de novo. United States v. Moore, 921 F.2d 207, 209 (9th Cir.1990). We affirm. 3 A federal criminal defendant has a statutory right to…