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U.S. v. RODRIGUEZ

No. 93-8355.

23 F.3d 919 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. William K. RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 14, 1994.

Attorney(s) appearing for the Case

M. Carolyn Fuentes, Philip J. Lynch, Asst. Federal Public Defenders, San Antonio, TX, Lucien B. Campbell, Federal Public Defender, Austin, TX, for defendant-appellant.

Richard L. Durbin, Jr., Margaret F. Leachman, Asst. U.S. Attys., James H. DeAtley, Acting U.S. Atty., San Antonio, TX, for plaintiff-appellee.

Before REAVLEY, GARWOOD, and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

William Rodriguez appeals the district court's sentence imposed upon revocation of his supervised release. Because the district court sentenced Rodriguez in absentia and without affording him the right to allocute, we vacate and remand for resentencing.

In 1989, Rodriguez was convicted by a jury of stealing a government-owned van in violation of 18 U.S.C. § 641, and was sentenced to three years of probation. Upon revocation...

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