United States v. Jarvis Juan

Appellant Jarvis Martin Juan appeals his conviction and sentencing for felony and misdemeanor assault. Juan challenges his conviction on due-process grounds, claiming his constitutional rights were violated where the prosecution “threatened” one of its own witnesses with possible perjury charges, allegedly causing the witness to change her previously exculpatory trial testimony to be inculpatory. Because Juan cannot meet his evidentiary burden, his due-process challenge must be rejected.

Similarly, Juan’s claim of sentencing error fails. Juan’s argument that the district court committed procedural error where it explained the 18 U.S.C. § 3553 (a) factors supporting its chosen sentence immediately after imposing sentence relies on a misunderstanding of our opinion in United States v. Waknine, 543 F.3d 546 (9th Cir.2008).

FACTUAL AND PROCEDURAL BACKGROUND

On March 15, 2010, Juan and his wife, C.J., celebrated C.J.’s birthday on the Gila River Indian Reservation. The celebration started early, and by the afternoon Juan and C.J. had each consumed several forty-ounce bottles of malt liquor, along with some whiskey and cocaine.

As dusk fell, Juan and C.J. began arguing…