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U.S. v. RIVERA

No. 10-50426.

682 F.3d 1223 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. David RIVERA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 22, 2012.

Attorney(s) appearing for the Case

David S. McLane , Kaye, McLane & Bednarski, LLP, Pasadena, CA, for the appellant.

Andre Birotte, Jr. , United States Attorney, Robert E. Dugdale , Criminal Division Chief, Christopher Brunwin (argued), Assistant United States Attorney, United States Department of Justice, Los Angeles, CA, for the appellee.

Before: STEPHEN REINHARDT and MARSHA S. BERZON, Circuit Judges, and MATTHEW F. KENNELLY, District Judge.

OPINION

BERZON, Circuit Judge:

Defendant-Appellant David Rivera was convicted of possessing with intent to distribute 214.4 grams of actual methamphetamine. Defense counsel indicated that Rivera wanted his family members, including his wife and young son, present at the sentencing hearing. The district court, however, expressing displeasure at what it perceived as the manipulative use of Rivera's young son as a sentencing "prop," continued the sentencing...

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