Background
Michael Monteith was indicted in 2005 for conspiring to import cocaine and heroin. He remained a fugitive for five years before his arrest in 2010. During his trial in Miami, Monteith attended the first day but failed to appear on the second day. The district court proceeded with the trial in his absence after determining his absence was voluntary. Monteith was convicted and sentenced to one hundred and eight months in prison.
The court’s reasoning
The court reviewed the district court’s finding that Monteith was voluntarily absent and found no clear error. The record showed Monteith knew the trial would resume, his ankle monitor went offline, and he failed to appear without explanation. The court also affirmed the obstruction enhancement under the Sentencing Guidelines, noting that Monteith’s flight willfully impeded the administration of justice. Finally, the court found the one hundred and eight-month sentence substantively reasonable given the guidelines range and Monteith’s history of evading arrest.
What it means going forward
The decision reinforces that defendants who flee during trial lose their right to be present and may face enhanced sentences for obstructing justice, even if they do not explicitly violate a written court order.