Duran-Mercado

United States v. Duran-Mercado

Good Law
198 F. App'x 618
United States Court of Appeals for the Ninth CircuitAugust 23, 2006No. 05-30202California602 words

Opinion

Lead Opinion

MEMORANDUM *

Onecimo Duran-Mercado appeals his 168-month sentence imposed after his con *620 viction, following a guilty plea, for distributing more than 50 grams of methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1)(A), and (b)(1)(C). Before Duran-Mercado’s second sentencing hearing, the district court held an evidentiary hearing to assess the credibility of Duran-Mercado’s claim that his cousin threatened to kill his family if he did not sell methamphetamine. The court determined that Duran-Mercado was not credible, that he was a willing participant in the scheme, and thus that the applicable Sentencing Guidelines range was 188 to 235 months. Noting its aim to sentence Duran-Mercado to the same term that his co-defendants had received, the court imposed a below-Guidelines sentence of 168 months. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion in sequestering Dr. Judd, a defense expert witness, from the evidentiary hearing because Duran-Mercado did not show that Dr. Judd’s presence in the courtroom was necessary for the management of the case. See United States v. Seschillie, 310 F.3d 1208, 1213…

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