U.S. v. REYNA

No. 01-41164.

331 F.3d 448 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel Enrique REYNA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 16, 2003.


Attorney(s) appearing for the Case

Katherine L. Haden and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Roland E. Dahlin, II, Fed. Pub. Def., H. Michael Sokolow, Houston, TX, Thomas G. Lindenmuth, McAllen, TX, for Defendant-Appellant.

Before JONES and CLEMENT, Circuit Judges, and FELDMAN, District Judge.


PER CURIAM:

The district court sentenced appellant to 12 months' imprisonment without personally addressing him to see if he had anything to say in mitigation of his sentence. The issue in this case is whether the district court's failure to afford the defendant his right of "allocution," as this practice is called, requires automatic reversal. Because our precedent is clear that denying the right of allocution requires automatic reversal, we VACATE the sentence and...

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