A drug-smuggling defendant’s rights were violated when a district court handed down his conviction in writing and not in open court, denying him an opportunity to appear, a federal appeals court has ruled.
That error. however, was not enough to merit a new trial for José Maria Nuñez-Ramirez, a Honduran who was found in the ÃÛèÖÖ±²¥ desert in 2020 with several other man carrying backpacks of cannabis, a three-judge panel of the 9th U.S. Circuit Court of Appeals said Monday.
Circuit Judge Richard Paez wrote for the panel that denying Nuñez-Ramirez the right to be present at his public trial “undermines the fairness, integrity and legitimacy of the judicial proceedings.â€
“The requirement that findings of guilt be announced in open court vindicates core constitutional and human values,†Paez wrote in
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The court vacated Nuñez-Ramirez’s felony convictions and sent the case back to U.S. District Court, ordering it to enter “specific findings of fact†on how it reached the verdict — but said the court was then free to reenter the conviction.
A call to Nuñez-Ramirez’s attorney was not immediately returned Monday. A spokesperson for the U.S. Attorney’s Office for ÃÛèÖÖ±²¥ said the office was reviewing the ruling Monday and could not comment further.
The case began on Jan. 7, 2020, when Border Patrol agents encountered Nuñez-Ramirez and three other men in “a remote section of the ÃÛèÖÖ±²¥ desert about 70 miles north of the Mexican border.†The agents also found three backpacks of pot under a tree nearby.
Nuñez-Ramirez was indicted on charges of conspiracy to possess cannabis and possession with intent to distribute. He waived his right to a jury trial and went to trial before U.S. District Judge James Alan Soto on Jan. 27.
At trial, Nuñez-Ramirez agreed that he had crossed the border illegally with the others and was carrying the drug-filled backpack. But he told Soto that he did so under duress, after “he was captured by assassins and forced to smuggle the drugs.â€
After a one-day trial, Soto said he wanted more time to review the evidence before issuing a verdict. The defense urged Soto to review the records of Nuñez-Ramirez’s interview with Border Patrol agents before rendering a verdict.
On Feb. 8, Soto issued a written order finding Nuñez-Ramirez guilty on both counts.
On March 25, Nuñez-Ramirez asked Soto to issue findings of fact for his verdict. Had an in-person hearing been held to announce the verdict, he said, he would have been able to ask “for clarification about whether and how the district court had considered his duress defense.â€
Soto denied that request and restated the convictions at a sentencing hearing on April 26 — a hearing held via teleconference. Nuñez-Ramirez was sentenced to time served and three years of supervised release.
Nuñez-Ramirez filed an appeal two days later, saying the lower court violated his right to be present and his right to a public trial by issuing the verdict in writing.
The appeals court rejected Nuñez-Ramirez’s claim that his inability for the verdict affected his case.
“Nuñez does not argue that that there would have been any difference in the court’s finding of guilt had he been present when it was made, nor is there any evidence in the record to support such a conclusion,†Paez wrote.
But the court agreed that the failure to hold an open hearing for the verdict was “a clear violation of Nuñez-Ramirez’s Sixth Amendment “
Paez disagreed with Nuñez-Ramirez’s claim that he should subsequently get a new trial, however, citing Supreme Court directions that a remedy in such cases be “appropriate to the violation.†In this case, Paez wrote, ordering a new trial would be an “unnecessary formality.â€
While it did not order a new trial, the appellate panel ordered Soto to issue the findings of fact that Nuñez-Ramirez requested. It then said that Soto could reenter the convictions, and Nuñez-Ramirez would be free to file a new appeal.
Photos of the U.S. – Mexico border fence
U.S. – Mexico border near Douglas, Ariz.
A dog stands on a road commonly used by Border Patrol near Slaughter Ranch Museum Thursday, Sept. 27, 2019.
U.S. – Mexico border near Douglas, Ariz.
A border monument on the Mexico side of the border seen east of Douglas Thursday, Sept. 27, 2019.
U.S. – Mexico border near Douglas, Ariz.
The San Bernardino National Wildlife Refuge sits on the U.S. side of the border with Mexico east of Douglas Thursday, Sept. 27, 2019.
U.S. – Mexico border near Douglas, Ariz.
A bull and cow graze near the site of new wall construction east of Douglas Thursday, Sept. 27, 2019.
U.S. – Mexico border near Douglas, Ariz.
The border seen stretching from hills east of Douglas into the Guadalupe Mountains Thursday, Sept. 27, 2019.
U.S. – Mexico border near Douglas, Ariz.
Flowers grow around border fencing near the San Bernardino National Wildlife Refuge Thursday, Sept. 27, 2019.
U.S. – Mexico border near Douglas, Ariz.
Construction equipment set up at the site of new border wall construction on the US/Mexico border east of Douglas Thursday, Sept. 27, 2019.
U.S. – Mexico border near Douglas, Ariz.
A Border Patrol tower on the hills east of Douglas Thursday, Sept. 27, 2019.
U.S. – Mexico border near Douglas, Ariz.
Memorials place on graves at Julia Page Memorial Park in Douglas which sits along the U.S./Mexico border Thursday, Sept. 27, 2019.
U.S. – Mexico border near Douglas, Ariz.
A car drives through Douglas on a road parallel to the U.S./Mexico border wall Thursday, Sept. 27, 2019.
U.S. – Mexico border near Douglas, Ariz.
The Slaughter Ranch homestead Thursday, Sept. 27, 2019.
U.S. – Mexico border near Douglas, Ariz.
A lake on the Slaughter Ranch Thursday, Sept. 27, 2019.
U.S. – Mexico border near Douglas, Ariz.
A toy rocking horse placed on the side of East Geronimo Trail with a sign advertising five minute pony rides for 25 cents Thursday, Sept. 27, 2019.
U.S. – Mexico border near Douglas, Ariz.
Highway 2 in Mexico winds its way to Agua Prieta Thursday, Sept. 27, 2019.
U.S. – Mexico border near Douglas, Ariz.
The vehicle in a ditch was driven through the international border fence in Agua Prieta, Mex., into Douglas, ÃÛèÖÖ±²¥ in July 1987.
U.S. – Mexico border near Douglas, Ariz.
Mexican citizens run back into Agua Prieta, Mexico through a hole in the border fence at Douglas, Ariz., after the U.S. Border Patrol scared them back across the border in 1997.
U.S. – Mexico border near Douglas, Ariz.
The Raul Hector Castro Port of Entry on May 1, 2018, in Douglas, Ariz.
U.S. – Mexico border near Douglas, Ariz.
The Douglas, Ariz., border crossing in 1968.
U.S. – Mexico border near Lochiel, Ariz.
U.S./Mexico border fencing next to a old church building in Lochiel Tuesday, Oct. 1, 2019.
U.S. – Mexico border near Lochiel, Ariz.
Old border posts line the U.S./Mexico line near Lochiel Tuesday, Oct. 1, 2019.
U.S. – Mexico border near Lochiel, Ariz.
A Soal Off Roading sticker placed on a U.S./Mexico border post near Lochiel Tuesday, Oct. 1, 2019.
U.S. – Mexico border near Lochiel, Ariz.
Mountains in Santa Cruz County seen from Duquesne Road between Nogales and Lochiel seen Tuesday, Oct. 1, 2019.
U.S. – Mexico border near Lochiel, Ariz.
A monument in Lochiel marking where Fray Marcos De Niza entered ÃÛèÖÖ±²¥ Tuesday, Oct. 1, 2019.Tuesday, Oct. 1, 2019.
U.S. – Mexico border near Lochiel, Ariz.
Brothers Ramon and Ed De La Ossa mend fencing on their family's ranch in Lochiel after moving cattle Tuesday, Oct. 1, 2019. The ranch which used to span both sides of the U.S./Mexico border has been in the family for three generations.
U.S. – Mexico border near Lochiel, Ariz.
Ed De La Ossa mends fencing on his family's ranch in Lochiel Tuesday, Oct. 1, 2019. The ranch which used to span both sides of the U.S./Mexico border has been in the family for three generations.
U.S. – Mexico border near Lochiel, Ariz.
Ed De La Ossa moves cattle on his family's ranch in Lochiel Tuesday, Oct. 1, 2019.
U.S. – Mexico border near Lochiel, Ariz.
U.S. Customs inspector Helen Mills, right, greets Mexican counterpart Raymundo Aguirre Castillo at the U.S. - Mexican border station at Lochiel, Ariz., in 1979.
U.S. – Mexico border near Lochiel, Ariz.
The US Customs building, right, at Lochiel, Ariz., is just a short distance away from the international border in May 1972. For ten years, Mills has been managing the port of entry, which is mostly made up of five houses, a school and an vacant church, inspecting vehicles as they head into the US. During the week, from Monday through Saturday, Mills opens the border gate from 8 am to 10 am and from 4 pm to 6 pm. On Sunday the gate is open from 8 am to 6 pm. In that time barely a dozen vehicles make their way across the border but it is a major convenience to the local residents.Â
U.S. – Mexico border near Nogales, Ariz.
Pedestrians walk to the Nogales port of entry Tuesday, Oct. 1, 2019.
U.S. – Mexico border near Nogales, Ariz.
A pedestrian walks across North Grand Avenue in Nogales near the U.S./Mexico port of entries Tuesday, Oct. 1, 2019.
U.S. – Mexico border near Nogales, Ariz.
U.S. Customs and Border Protection officer R. Hernandez uses a density-measuring device on the rear quarter-panel of a Mexico-bound passenger vehicle at the DeConcini Port of Entry on Nov. 2, 2016, in Nogales, Ariz.
U.S. – Mexico border near Nogales, Ariz.
A Customs and Border Protection officer makes a visual check of a man's identification at the DeConcini Port of Entry on Feb. 15, 2017, in Nogales, Ariz. Busts of fraudulent border-crossing documents and the use of someone else's documents plummeted in ÃÛèÖÖ±²¥ and the rest of the border in the past decade.
U.S. – Mexico border near Nogales, Ariz.
Northbound commercial truck traffic lined up for inspection at the Mariposa Port of Entry on March 28, 2017, in Nogales, Ariz.
U.S. – Mexico border near Nogales, Ariz.
In the commercial lanes a semi truck stops between the lanes looking for the first available opening at the Mariposa Port of Entry in 2015.
U.S. – Mexico border near Nogales, Ariz.
Javier Castillo inspects a north-bound Mexican tractor-trailer at the ÃÛèÖÖ±²¥ Department of Transportation's inspection facility at the Mariposa Port of Entry on Sept. 19, 2017, in Nogales, Ariz. ADOT's International Border Inspection Qualification program, led by ADOT's Border Liaison Unit, teaches commercial truck drivers what to expect during safety inspections when they enter ÃÛèÖÖ±²¥ ports of entry.
U.S. – Mexico border near Nogales, Ariz.
A Border Patrol truck parked near the commercial port of entry in Nogales.
U.S. – Mexico border near Nogales, Ariz.
An illegal alien scales the U.S.-Mexico fence back toward Sonora after a Nogales Police Department officer, right, spotted him west of the Mariposa Port of Entry, Nov. 15, 2018, in Nogales, Ariz.
U.S. – Mexico border near Nogales, Ariz.
Kory's, a store catering to wedding, quincea–era and formal gowns, located at 15 N Morley Ave, Nogales, Ariz., sits katty corner to the Morley Gate Border Station on January 30, 2019.
U.S. – Mexico border near Nogales, Ariz.
Sun shines through the U.S.-Mexico bollard fence west of the Mariposa Port of Entry, Nov. 15, 2018, in Nogales, Ariz.
U.S. – Mexico border near Nogales, Ariz.
Children from Nogales, Sonora, climb through a hole in the international border fence to trick-or-treat in Nogales, ÃÛèÖÖ±²¥, on Halloween in 1987.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
Border monument #166 is seen on the right as construction continues on the new 30-foot tall bollard fence that replaces old U.S./Mexico border fence two miles east of the Lukeville, ÃÛèÖÖ±²¥ port of entry on October 8, 2019. Photo taken from Sonoyta, Sonora, Mexico.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
Construction continues on the new 30-foot tall bollard fence along the U.S./Mexico border two miles east of the Lukeville, ÃÛèÖÖ±²¥ port of entry on October 8, 2019. Photo taken from Sonoyta, Sonora, Mexico.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
A Mexican worker rides his horse along a road south of the U.S./Mexican border wall on his way back into Sonoyta Wednesday, Aug. 28, 2019.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
New paneling of border wall seen about three miles east of the Lukeville/Sonoyta port of entry seen from the Mexico side of the border line Wednesday, Aug. 28, 2019.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
Old mesh paneling is removed in preparation for new wall to be built about three miles east of the Lukeville/Sonoyta port of entry seen from the Mexico side of the border line Wednesday, Aug. 28, 2019.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
A construction worker prepares cables to lift a piece of the 30-foot tall bollard fence along the U.S./Mexico border fence two miles east of the Lukeville, ÃÛèÖÖ±²¥ port of entry on October 8, 2019. Photo taken from Sonoyta, Sonora, Mexico.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
Border Patrol Officers to the side of a worksite about three miles east of the Lukeville/Sonoyta port of entry where new border wall is being installed seen from the Mexico side of the border line Wednesday, Aug. 28, 2019.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
Old wall east of the Lukeville/Sonoyta port of entry seen from the Mexico side of the border line Wednesday, Aug. 28, 2019.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
Raised wall east of the Lukeville/Sonoyta port of entry seen from the Mexico side of the border line Wednesday, Aug. 28, 2019.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
A work site east of the Lukeville/Sonoyta port of entry seen from the Mexico side of the border line Wednesday, Aug. 28, 2019.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
Normandy fencing placed against a section of border fence west of Lukeville Wednesday, Aug. 28, 2019.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
A semi passes by Quitobaquito Springs as it drives along Highway 2 in Mexico Wednesday, Aug. 28, 2019.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
An area referred to as "flood gate" along the U.S./Mexico border near Sasabe, Ariz. is on the list of the Department of Homeland Security’s priorities for building a border wall, but no funding has been allocated yet. September 16, 2019.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
Vehicle barriers mark the U.S./Mexico border within the Buenos Aires National Wildlife Refuge in Sasabe, Ariz. on September 16, 2019.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
A portion of the U.S./Mexico bollard border fence ends on the right and vehicle barriers begin within the Buenos Aires National Wildlife Refuge in Sasabe, Ariz. on September 16, 2019.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
A U.S. Customs and Border Protection Integrated Fixed Tower, left, near Sasabe, Ariz. on September 16, 2019.
U.S. – Mexico border near Sasabe and Lukeville, Ariz.
The new 30-foot tall bollard fence that replaced old U.S./Mexico border fence can be seen on the left. It's located about miles east of the Lukeville, ÃÛèÖÖ±²¥ port of entry on October 8, 2019. Photo taken from Sonoyta, Sonora, Mexico.
U.S. – Mexico border near San Luis, Ariz.
A US Border Patrol vehicle seen next to a section of new 30 foot high wall along the US/Mexico border near the commercial port of entry in San Luis Thursday, Aug. 8, 2019.
U.S. – Mexico border near San Luis, Ariz.
Old fencing is taken down along the United States/Mexico border seen from the northern end of San Luis, Mexico, Aug. 7, 2019.
U.S. – Mexico border near San Luis, Ariz.
A security guard stand in a construction site where a new fence will be placed on the United States/Mexico border seen from the northern end of San Luis, Mexico, Aug. 7, 2019.
U.S. – Mexico border near San Luis, Ariz.
Old fencing against new fencing along the United States/Mexico border seen from the northern end of San Luis, Mexico on Aug. 7, 2019.
U.S. – Mexico border near San Luis, Ariz.
Crews prepare ground for a new fence to be placed on the United States/Mexico border seen from the northern end of San Luis, Mexico on Aug. 7, 2019.
U.S. – Mexico border near San Luis, Ariz.
Vehicles in line to enter the United States from San Luis, Mexico on Aug. 7, 2019.
U.S. – Mexico border near San Luis, Ariz.
New fencing along the United States/Mexico border seen from the northern end of San Luis, Mexico on Aug. 7, 2019.
U.S. – Mexico border near San Luis, Ariz.
A new section of fencing on the U.S. - Mexico border in California, just west of Yuma, Ariz., in 1993.
U.S. – Mexico border near San Luis, Ariz.
Sand drifts through the "floating fence" that marks the border running through the dunes, Wednesday, July 25, 2018, west of San Luis, Ariz.
U.S. – Mexico border near San Luis, Ariz.
A sign warns of the dangers of trying to swim the All-American Canal just north of the Mexican border, Wednesday, July 25, 2018, west of San Luis, Ariz.
U.S. – Mexico border near San Luis, Ariz.
A long string of lights illuminate the no-man's land between the triple fencing of the Mexican border, Wednesday, July 25, 2018, San Luis, Ariz.
U.S. – Mexico border near San Luis, Ariz.
The border fence comes to an abrupt end at the currently dry Colorado River, Thursday, July 26, 2018, west of San Luis Rio Colorado, Sonora.
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ÃÛèÖÖ±²¥'s new border barrier may deter but not stop people from entering
