United States v. Bladimir Martinez

OPINION

WARDLAW, Circuit Judge:

Bladimir Martinez appeals his conviction by jury trial and his sentence for being a removed alien found in the United States in violation of 8 U.S.C. § 1326. During its deliberations, the jury sent a note to the judge seeking guidance on the significance of a special finding as to Martinez’s removal date. The special finding had significance only with respect to the sentence imposed by the jury. Without responding in open court and without notifying or consulting counsel, the judge penned his own response on the note and returned it to the jury. Between the time…