Parisian

United States v. Parisian

Good Law
118 F. App'x 138
United States Court of Appeals for the Ninth CircuitNovember 19, 2004No. 03-30463California907 words

Opinion

Lead Opinion

MEMORANDUM **

George Morris Parisian challenges his sentence for conspiracy to distribute methamphetamine and cocaine and distribution of methamphetamine and cocaine. He argues that the district judge violated his Sixth Amendment rights to confrontation and counsel and his right to due process when he excluded Parisian from the courtroom while inquiring into allegations of witness tampering. He also argues that the district court plainly erred when he enhanced his sentence for being an organizer or leader of a criminal conspiracy and when he determined his base sentence upon an amount of drugs neither found by a jury beyond a reasonable doubt nor admitted to by Parisian. Since Parisian did not object to his exclusion from the courtroom, we review for plain error. Jones v. United States, 527 U.S. 373, 388 , 119 S.Ct. 2090 , 144 L.Ed.2d 370 (1999).

I. Sixth Amendment and Due Process Claims.

Parisian’s Sixth Amendment and Due Process claims are based upon the fact that the district judge ordered him removed from the courtroom while the judge questioned a co-conspirator and informant, Randy James Jangula, about suspected witness tampering.

A. Right of Confrontation. A criminal…

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