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U.S. v. SILVA

No. 05-50871.

472 F.3d 683 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Paul SILVA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 3, 2007.

Attorney(s) appearing for the Case

Jason M. Goldberg, Assistant United States Attorney, Office of the United States Attorney, San Diego, California, argued the cause for the plaintiff-appellee and Carol C. Lam, United States Attorney and Roger W. Haines, Jr., Assistant United States Attorney were on the brief.

Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, California, argued the cause for the defendant-appellant and was on the brief.

Before WALLACE, O'SCANNLAIN, and WARDLAW, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide whether a defendant has a right to allocute during a limited remand to the district court from a sentencing appeal.

I

A jury in the Southern District of California convicted appellant Paul Silva of importation of marijuana and possession of marijuana with intent to distribute. The district judge held a sentencing hearing, in which he considered the Probation Officer's Report, Silva's Sentencing Memorandum...

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