U.S. v. TORRES-PALMA

No. 01-2179.

290 F.3d 1244 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Jose TORRES-PALMA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 16, 2002.


Attorney(s) appearing for the Case

Rosanne Camunez, Las Cruces, NM, for Defendant Appellant.

Alfred J. Perez, Assistant United States Attorney, (David C. Iglesias, United States Attorney, with him on the briefs), Las Cruces, NM, for Plaintiff-Appellee.

Before HENRY, PORFILIO and ANDERSON, Circuit Judges.


JOHN C. PORFILIO, Circuit Judge.

This case presents the question of whether the use of video conferencing at sentencing violates the provision of Fed.R.Crim.P. 43, which requires a defendant to be "present" at the imposition of sentence. While certain exceptions to that mandate are granted in Rule 43(b), none of them explicitly permits the use of video conferencing. Although convinced of the need for and the benefits of technology to facilitate expeditious disposition...

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