United States of America v. Victor Hugo Quiceno Montoya

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No.: 04-1299
UNITED STATES OF AMERICA
Appellee
v.
VICTOR HUGO QUICENO MONTOYA
Appellant
On Appeal from Final Judgement of the
United States District Court for the
District of New Jersey
Submitted: March 8, 2005
Before: NYGAARD, McKEE and RENDELL, Circuit Judges
ORDER AMENDING OPINION
IT IS HEREBY ORDERED, that the Opinion filed in this case on June 1, 2005,
be amended as follows:
On page 4, delete the sentence beginning “The letter declares Montoya’s
innocense . . . .” and replace it with “The letter declares Montoya’s
innocence . . . .”
On Page 6, delete “Montes-Lenya” and replace with “Montes-Leyva.” On
that same page, delete the sentence “However, that evidence would ‘if
anything . . . a possible discrepancy.’ A109,” and replace with “However,
that evidence would ‘if anything . . . present[] a possible discrepancy.’
A125.”. Again, on the same page, delete “. . . was guilty as charged.’ Id.,”
and replace with “. . . was guilty as charged.’ A 109.”
On page 7, delete the following sentence from the Opinion: “However, it is
now clear that the court could not rely upon that drug quantity to increase

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Montoya’s sentence unless he admitted it, or the quantity was proven
beyond a reasonable doubt to the jury.”
BY THE COURT
/s/ Theodore A. McKee
Circuit Judge
Dated: June 7, 2005
CMH/cc: BPR, SGC, DBL, GSL

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