United States v. Quinceno-Montoya

Opinion

Opinions of the United

2005 Decisions States Court of Appeals for the Third Circuit

6-7-2005

USA v. Quinceno-Montoya Precedential or Non-Precedential: Precedential

Docket No. 04-1299

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No.: 04-1299

UNITED STATES OF AMERICA

Appellee

v.

VICTOR HUGO QUICENO MONTOYA Appellant

On Appeal from Final Judgement of the United States District Court for the District of New Jersey Submitted: March 8, 2005

Before: NYGAARD, McKEE and RENDELL, Circuit Judges

ORDER AMENDING OPINION

IT IS HEREBY ORDERED, that the Opinion filed in this case on June 1, 2005,

be amended as follows:

On page 4, delete the sentence beginning “The letter declares Montoya’s innocense . . . .” and replace it with “The letter declares Montoya’s innocence . . . .”

On Page 6, delete “Montes-Lenya” and replace with “Montes-Leyva.” On that same page, delete the sentence “However, that evidence would ‘if anything . . . a possible discrepancy.’ A109,” and replace with “However, that evidence would ‘if anything . . . present[] a possible discrepancy.’ A125.”. Again, on the same page, delete “. . . was guilty as charged.’ Id.,” and replace with “. . . was guilty as charged.’ A 109.”

On page 7, delete the following sentence from the Opinion: “However, it is now clear that the court could not rely upon that drug quantity to increase

Montoya’s sentence unless he admitted it, or the quantity was proven beyond a reasonable doubt to the jury.”

BY THE COURT

/s/ Theodore A. McKee Circuit Judge

Dated: June 7, 2005 CMH/cc: BPR, SGC, DBL, GSL