Montiel-Sanchez

United States v. Montiel-Sanchez

Good Law
171 F. App'x 599
United States Court of Appeals for the Ninth CircuitMarch 17, 2006No. 05-30038; D.C. No. CR-04-00134-001-JLRCalifornia551 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant, Luis Montiel-Sanchez, appeals his conviction and sentence imposed for his multiple violations of 21 U.S.C. § 841 , as well as a violation of 18 U.S.C. § 924 (c)(1)(A)(i). Montiel-Sanchez contends that his Fifth and Sixth Amendment rights were violated when the district court refused to permit him to present evidence concerning the quantity of drugs at issue during the “sentencing” phase of his bifurcated jury trial.

The Government’s opposition does not turn on the issue of whether Montiel-Sanchez had a right to present evidence to the jury regarding drug quantity in the first instance. Rather, the Government argues that Montiel-Sanchez was afforded ample opportunity to present such evidence during the “guilt” phase. However, because so much of the discussion regarding the manner in which the bifurcated proceedings would be conducted took place “off the record,” we cannot assume that Montiel-Sanchez was aware that he would not be allowed to present evidence at the sentencing phase. Therefore, we find that the district court erred in refusing to grant Montiel-Sanchez’s request to present that evidence.

Had Montiel-Sanchez been allowed to present…

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