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UNITED STATES v. MONTOYA

No. 21-50129.

82 F.4th 640 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Cynthia Leon MONTOYA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2023.

Attorney(s) appearing for the Case

James T. Dawson (argued) and Jeremy C. Marwell , Vinson & Elkins LLP, Washington, D.C.; Kent D. Young , Law Offices of Kent D. Young, San Diego, California; Michael A. Heidler , Vinson & Elkins LLP, Austin, Texas; for Defendant-Appellant.

D. Benjamin Holley (argued) and Oleksandra Johnson , Assistant United States Attorneys; Daniel E. Zipp , Assistant United States Attorney, Appellate Section Chief, Criminal Division; Randy S. Grossman , Acting United States Attorney; United States Attorney's Office, San Diego, California, for Plaintiff-Appellee.

Vincent J. Brunkow , Federal Defenders of San Diego Inc., San Diego, California, for Amicus Curiae Federal Defenders of San Diego Inc.

Dissent by Judge Collins.

OPINION

Cynthia Leon Montoya appeals her sentence on the ground that her due process rights were violated when the district court failed to pronounce certain discretionary conditions of supervised release in her presence. We hold that a district court must orally pronounce all discretionary conditions of supervised...

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