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U.S. v. REYNA

No. 01-41164.

358 F.3d 344 (2004)

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

United States Court of Appeals, Fifth Circuit.

Revised January 28, 2004.

Attorney(s) appearing for the Case

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

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

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT and PRADO, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

We took this case en banc to consider whether the district court's failure to give the defendant an opportunity to allocute as required by Federal Rule of Criminal Procedure 32 is subject to either harmless error or plain error review. For the reasons that follow, we conclude that, in the absence of an objection by the defendant, such a failure is subject to plain error review.

I. FACTS AND PROCEEDINGS

The panel, in...

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