                                                                                                                           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Precedential or Non-Precedential: Precedential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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Recommended Citation
"USA v. Quinceno-Montoya" (2005). 2005 Decisions. Paper 926.
http://digitalcommons.law.villanova.edu/thirdcircuit_2005/926


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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
