U.S. v. ORTEGA

No. 98-10323.

203 F.3d 675 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Roman ORTEGA, aka Romualdo Roman Ortega, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 1, 2000.


Attorney(s) appearing for the Case

Ann Hargrove Voris, Assistant Federal Public Defender, Fresno, California, for the defendant-appellant.

Kenneth B. Julian, Assistant United States Attorney, Fresno, California, for the plaintiff-appellee.

Before: PREGERSON and WIGGINS, Circuit Judges, and CARTER, District Judge.


WIGGINS, Circuit Judge:

Jose Roman Ortega appeals his jury conviction and sentence for multiple drug— and firearm-related offenses. We have jurisdiction under 28 U.S.C. § 1291, and we AFFIRM.

In doing so, we find that an INS agent violated the Sixth Amendment when he obtained, outside the presence of Ortega's counsel, Ortega's statement regarding the firearm used during the offenses. The tainted statement, however, may still be used for impeachment...

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