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U.S. v. PROUTY

No. 01-15273.

303 F.3d 1249 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. David PROUTY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 27, 2002.

Attorney(s) appearing for the Case

Michael T. Caruso, Asst. Federal Public Defender, Kathleen M. Williams, Federal Public Defender, Miami, FL, for Defendant-Appellant.

Lisa A. Hirsch, Anne R. Schultz, Lauren Fleischer, Miami, FL, for Plaintiff-Appellee.

Before DUBINA and BARKETT, Circuit Judges, and HODGES, District Judge.

BARKETT, Circuit Judge:

David Prouty appeals the sentence imposed for his conviction of conspiracy to use unauthorized access devices and to posses more than fifteen such access devices in violation of 18 U.S.C. § 1029(b)(2), and for unauthorized use of an access device in violation of 18 U.S.C. § 1029(a)(2). He argues, first, that the district court's failure to afford him the right to allocute constitutes plain error where the court sentenced him to the...

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