Cano-Matus
United States v. Cano-Matus
Opinion
Lead Opinion
MEMORANDUM *
Francisco Cano-Matus (“Cano-Matus”) appeals his conviction and sentence for illegal reentry into the United States. We have jurisdiction pursuant to 28 U.S.C. *559 § 1291 , and affirm. The parties are familiar with the facts and we do not recite them here.
Cano-Matus argues that the district court erred in allowing the government to reopen its case-in-chief. We review for abuse of discretion. United States v. Suarez-Rosario, 237 F.3d 1164, 1167 (9th Cir.2001). A district court is afforded wide discretion in determining whether to allow the government to reopen and introduce evidence after it has rested its case. Id. “One purpose of Rule 29 motions is to alert the court to omitted proof so that, if it so chooses, it can allow the government to submit additional evidence.” Id. (internal citation omitted). Here, the district court determined that it had unfairly restrained the government from proving its case. The district court also found that defense counsel had not adhered to the terms of pre-trial stipulations, unfairly sandbagging the government. These findings are supported by the record. The district court did not abuse its discretion in allowing the government…