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U.S. v. MYERS

No. 96-30316.

150 F.3d 459 (1998)

UNITED STATES of America, Plaintiff—Appellee, v. Merrick D. MYERS, also known as Merrick Myers, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 6, 1998.

Attorney(s) appearing for the Case

John Francis Murphy, Stephen A. Higginson, Asst. U.S. Attys., New Orleans, LA, for Plaintiff-Appellee.

Christopher Albert Aberle, Mandeville, LA, for Defendant-Appellant.

Before POLITZ, Chief Judge, and DAVIS and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

In this case we address whether a district court's failure to comply with FED.R.CRIM.P. 32(c)(3)(C), which requires the court during sentencing to address the defendant personally and to determine whether the defendant has any statement to make or information to present in mitigation of his sentence, is amenable to a harmless error analysis. We find that it is not, and we therefore reverse and remand for resentencing.

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