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U.S. v. RAUSCH

No. 10-1388.

638 F.3d 1296 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph RAUSCH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 30, 2011.

Attorney(s) appearing for the Case

Jill M. Wichlens , Assistant Federal Public Defender ( Raymond P. Moore , Federal Public Defender, with her on the briefs), Denver, CO, for Defendant-Appellant.

John M. Hutchins , Assistant United States Attorney ( John F. Walsh , United States Attorney, and Judith Smith , Assistant United States Attorney, with him on the brief) Denver, CO, for Plaintiff-Appellee.

Before O'BRIEN, Circuit Judge, TACHA, and SEYMOUR, Senior Circuit Judges.

TACHA, Senior Circuit Judge.

Defendant-appellant Ralph Rausch appeals from his sentence imposed following the revocation of his supervised release, contending that the district court denied him his right to allocution at sentencing by never asking him personally whether he would like to speak before imposition of sentence. Because Mr. Rausch cannot demonstrate plain error warranting reversal, we AFFIRM.

I. BACKGROUND...

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