United States v. David Rivera

OPINION

BERZON, Circuit Judge:

Defendant-Appellant David Rivera was convicted of possessing with intent to distribute 214.4 grams of actual methamphetamine. Defense counsel indicated that Rivera wanted his family members, including his wife and young son, present at the sentencing hearing. The district court, however, expressing displeasure at what it perceived as the manipulative use of Rivera’s young son as a sentencing “prop,” continued the sentencing hearing and ordered defense counsel to show up three days later with “[jjust the people involved.” We hold that Rivera’s Sixth Amendment right…