Case Explained: Non-Argument Calendar UNITED STATES OF AMERICA v. MICHAEL MONTEITH

Court: United States Court of Appeals for the Eleventh Circuit

Filed: 2026-07-07

Docket: 1:05-cr-20777-JEM-1

The eleventh-circuit affirmed Michael Monteith’s conviction for conspiring to import cocaine and his 108-month prison sentence. The court held that the district court did not abuse its discretion in proceeding with trial in Monteith’s absence after he voluntarily absented himself on the second day of trial, nor did it err in applying a two-level sentencing enhancement for obstruction of justice under U.S.S.G. § 3C1.1. Regarding the trial in absentia, the court applied the standard that a defendant waives their Sixth Amendment and Fifth Amendment Due Process right to be present, as well as their right under Federal Rule of Criminal Procedure 43, when they voluntarily abscond after trial has begun. The court found no clear error in the district court’s factual determination that Monteith’s absence was voluntary, citing his prior five-year fugitive status, the failure of his electronic monitoring device, and the lack of any explanation for his non-appearance despite being informed of the resumption time. Furthermore, the court found no abuse of discretion in the decision to proceed, noting that the public interest outweighed the defendant’s interest given the burden on witnesses who traveled from out of state, the presence of an empaneled jury, and the low likelihood of Monteith returning soon. On sentencing, the court reviewed de novo the application of U.S.S.G. § 3C1.1 and found that Monteith’s willful failure to appear for a judicial proceeding constituted obstruction of justice. The court rejected Monteith’s argument that no specific order commanded his presence, reasoning that the scheduling order, bond conditions, and procedural rules collectively required his attendance. Additionally, the court affirmed the substantive reasonableness of the 108-month sentence under 18 U.S.C. § 3553(a), concluding that Monteith failed to prove the sentence was unreasonable given his role in a large-scale drug conspiracy, his history as a fugitive, and his conduct obstructing the trial and sentencing proceedings for fourteen years. The practical consequence is that Monteith’s conviction and sentence remain in effect, and he must serve the 108-month prison term imposed by the district court.

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