Ortiz-Monroy

United States v. Ortiz-Monroy

Good Law
83 F. App'x 194
United States Court of Appeals for the Ninth CircuitDecember 11, 2003No. 02-10421California554 words

Opinion

Lead Opinion

MEMORANDUM **

Griseldo Ortiz-Monroy appeals his sentence imposed following convictions for unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326 , and ten drug-related offenses in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 846 , 841(a)(1), 841(b)(l)(A)(viii) and 841(b)(1)(C). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Ortiz-Monroy contends that the district court erred by considering hearsay in determining whether to depart due to his treatment in pretrial detention. Hearsay with “some minimal indicia of reliability” may be considered in the sentencing phase. United States v. Chee, 110 F.3d 1489, 1492 (9th Cir.1997) (quoting United States v. Petty, 982 F.2d 1365, 1369 (9th Cir.1993)). We review the district court’s evaluation of reliability for abuse of discretion. Id. The hearsay in this case was corroborated by Ortiz-Monroy’s own inconsistent testimony regarding the conditions of confinement. Therefore, the district court did not abuse its discretion in considering the corroborated hearsay. See id.

Ortiz-Monroy argues that the district court erred by finding that he was not entrapped. We review the district court’s findings of fact…

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