U.S. v. ORTIZ

No. 93-6320.

25 F.3d 934 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Albert ORTIZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 26, 1994.


Attorney(s) appearing for the Case

Fred L. Staggs, Oklahoma City, OK, for defendant-appellant.

Vicki Miles-LaGrange, U.S. Atty., and Frank Michael Ringer, Asst. U.S. Atty., for plaintiff-appellee.

Before SEYMOUR, Chief Judge, McKAY, and BALDOCK, Circuit Judges.


SEYMOUR, Chief Judge.

Defendant Alberto Ortiz appeals his guidelines sentence, which the district court imposed upon remand for resentencing. Mr. Ortiz contends that the district court erred by receiving new evidence upon resentencing, that the government's witness was unreliable, and that the court's reliance on unreliable and insufficient evidence violated his right to due process under the Fifth Amendment. We affirm.

I.

Mr. Ortiz was charged with...

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