United States v. Cervantes, No. 20-8046 (10th Cir. 2021)
Annotate this CaseBetween August 2010 and January 2011, Defendant Armando Cervantes prepared for trial on two charges: (1) conspiracy to distribute methamphetamine; and (2) possession with intent to distribute methamphetamine. On the eve of trial, defense counsel filed a last-minute motion to continue premised on a breakdown of communication. The district court denied the motion and commenced with jury selection. After jury selection but before opening statements, Defendant absconded. The district court proceeded with trial in Defendant’s absence, and the jury returned a guilty verdict on both counts. Nine years later, Defendant was apprehended and sentenced. This appeal followed. Defendant argued the district court abused its discretion by: (1) denying his motion to continue; and (2) trying him in absentia. Finding no reversible error, the Tenth Circuit affirmed defendant's convictions.
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