Vargas-Gallegos

MEMORANDUM *

Jose Farith Vargas-Gallegos (“Vargas”) appeals his jury convictions and sentence for conspiracy to distribute 500 or more grams of methamphetamine, in violation of 21 U.S.C. §§ 841 (a), 846, carrying a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c), possession with intent to distribute two pounds of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1), and unlawful possession of a firearm by an illegal alien, in violation of 18 U.S.C. § 922 (g)(5). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not commit reversible error when it denied Vargas’s motion to sequester a prosecution witness (Mendoza) during a luncheon recess that fell during his cross-examination. The decision whether or not to sequester a witness is ordinarily within the discretion of the trial court. Perry v. Leeke, 488 U.S. 272, 282-84 , 109 S.Ct. 594 , 102 L.Ed.2d 624 (1989). We need not consider whether the *129 district court abused its discretion in this case because Mendoza’s consultation with his attorney had no discernable effect on cross-examination.

Contrary to Vargas’s assertion, the denial of the motion to…