Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit 6-7-2005 USA v. Quinceno-Montoya Precedential or Non-Precedential: Precedential Docket No. 04-1299 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005 Recommended Citation "USA v. Quinceno-Montoya" (2005). 2005 Decisions. Paper 926. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/926 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2005 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.  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  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