Gonzalez-Betancourt

United States v. Gonzalez-Betancourt

Good Law
118 F. App'x 142
United States Court of Appeals for the Ninth CircuitNovember 22, 2004Nos. 03-30213, 03-30216, 03-30248, 03-30255, 03-30346California1,356 words

Opinion

Lead Opinion

MEMORANDUM *

Five defendants appeal their convictions and sentences for conspiracy to possess with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841 and 846, and one defendant also appeals his guilty plea conviction for unlawful possession of a firearm in violation of 18 U.S.C. §§ 922 (g)(1) and 933(g)(5). We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 . We reject Francisco Gonzalez-Betancourt’s, Cenobio Gonzalez-Betancourt’s, and Maria Duque-Torres’s claims. Pedr'o Carrasco’s sentence is remanded pursuant to United States v. Castro, 382 F.3d 927 (9th Cir.2004). We affirm Jose Maldonado’s conviction and sentence.

1. Francisco Gonzalez-B etancourt (Francisco)

(a).

The district court admitted a’ letter offered by Francisco’s wife, defendant Maria Duque-Torres, in which Francisco admitted being violent toward his family. Francisco claims the district court should have either excluded the letter or severed his and Duque-Torres’s trials. DuqueTorres claimed that her involvement in the conspiracy, if any, was limited to activity Francisco had compelled. In the context of Duque-Torres’s defense, the district court found Francisco’s…

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