United States v. Duran-Mercado
United States v. Duran-Mercado
Opinion of the Court
MEMORANDUM
Onecimo Duran-Mercado appeals his 168-month sentence imposed after his con
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 (9th Cir. 2002).
The district court did not violate Duran-Mercado’s Fifth Amendment privilege against self-incrimination by stating that the coercion allegation “was an argument that was minted well after one would expect such an argument to be exposed to the officers or to attorneys.”
Finally, the district court’s tacit denial of Duran-Mercado’s request for a downward departure based on his asserted lack of knowledge of the purity of the methamphetamine does not require a remand for resentencing because we conclude that Duran-Mercado’s 168-month sentence was reasonable. See United States v. Mohamed, 459 F.3d 979 (9th Cir. 2006). The district court considered the Guidelines to be advisory, weighed the need to avoid disparate sentences with Du
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Because the parties are familiar with the facts and procedural history, we do not restate them here except as necessary to explain our disposition.
. Duran-Mercado also asserts that, by sequestering Dr. Judd, the district court failed to accommodate the special needs of a defendant with mental disabilities and therefore violated Duran-Mercado's due process rights. This issue was not raised before the district court, and therefore it is waived. See United States v. Smith, 424 F.3d 992, 1015 (9th Cir. 2005).
. We review de novo whether the court's reference to Duran-Mercado’s silence violated his Fifth Amendment privilege against self-incrimination. See United States v. Bushy-head, 270 F.3d 905, 911 (9th Cir. 2001).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.