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U.S. v. AVILA-CORTEZ

No. 08-41219.

582 F.3d 602 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel AVILA-CORTEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 10, 2009.

Attorney(s) appearing for the Case

Lauretta Ann Drake, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Laura Fletcher Leavitt, Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

Before JOLLY, DeMOSS and PRADO, Circuit Judges.

PRADO, Circuit Judge:

Manuel Avila-Cortez ("Avila-Cortez") appeals his sentence, arguing that the district court committed reversible error by denying him the right of allocution before pronouncing his sentence. We agree. We therefore vacate Avila-Cortez's sentence and remand for resentencing.

I. FACTUAL AND PROCEDURAL BACKGROUND

Avila-Cortez pleaded guilty to one count of being an alien unlawfully found in the United States after having been previously...

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