United States v. Michael L. Montalvo

74 F.3d 1247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 L. MONTALVO, Defendant-Appellant. Nos. 94-10108, 94-10110. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 17, 1995. Decided Jan. 3, 1996. 1 Before: SCHROEDER, and ALARCON, Circuit Judges, and WHALEY, District Judge. * 2 MEMORANDUM ** 3 Michael Montalvo appeals from the district court's imposition of a mandatory life sentence pursuant 21 U.S.C. Sec. 848 (b) for having been found guilty of operating a Continuing Criminal Enterprise. This is an appeal from a resentencing proceeding following this court's remand for resentencing in Montalvo's earlier appeal. United States v. Montalvo, No. 90-10078, 1992 WL 184342 at * 3 (9th Cir. Aug. 4, 1992). We affirm. 4 Montalvo first attempts to challenge the admission of evidence at his trial. The district court in this resentencing proceeding correctly refused to consider this challenge because…