United States v. David Rivera

Defendant-Appellant David Rivera was convicted of possessing with intent to distribute 214.4 grams of actual methamphetamine. Defense counsel indicated that Rivera wanted his family members, including his wife and young son, present at the sentencing hearing. The district court, however, expressing displeasure at what it perceived as the manipulative use of Rivera’s young son as a sentencing “prop,” continued the sentencing hearing and ordered defense counsel to show up three days later with “[jjust the people involved.” We hold that Rivera’s Sixth Amendment right to a public trial was violated by the district court’s exclusion of his family members from the sentencing proceedings. Accordingly, we vacate Rivera’s sentence and remand for re-sentencing.

I

Rivera was named in an eighty-six count indictment against seventy-nine members and associates of the Mongols motorcycle gang. The indictment charged racketeering, narcotics, weapons, and money-laundering offenses. Count Fifty-Three of the indictment charged Rivera and his brother, Ismael Rivera, with possessing with intent to distribute 214.4 grams of methamphetamine.

Pursuant to a written plea agreement, Rivera…