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U.S. v. BUSTAMANTE-CONCHAS

No. 15-2025.

850 F.3d 1130 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel BUSTAMANTE-CONCHAS, Defendant-Appellant. The National Association of Criminal Defense Lawyers, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

FILED March 3, 2017.

Attorney(s) appearing for the Case

Todd A. Coberly , Coberly & Martinez, LLLP, Santa Fe, New Mexico, for Defendant-Appellant.

Sean J. Sullivan , Assistant United States Attorney ( Damon P. Martinez , United States Attorney, with him on the briefs) Office of the United States Attorney, Albuquerque, New Mexico, for Plaintiff-Appellee.

Barbara E. Bergman , University of Arizona, James E. Rogers College of Law, Tucson, Arizona, Norman R. Mueller , Haddon, Morgan & Foreman, P.C., Denver, Colorado, Paul W. Hughes and Michael B. Kimberly , Mayer Brown LLP, Washington, D.C., for Amicus Curiae, The National Association of Criminal Defense Lawyers.

Before TYMKOVICH, Chief Judge, KELLY, BRISCOE, LUCERO, HARTZ, HOLMES, MATHESON, BACHARACH, PHILLIPS, McHUGH, and MORITZ, Circuit Judges.

We granted en banc review in this case because it involves a clear failure of the trial court to ask the defendant if he had anything to say on his behalf before imposing sentence — a failure to personally address the defendant and offer...

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