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U.S. v. DANIELS

No. 13-50331.

760 F.3d 920 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. John Fitzgerald DANIELS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2014.

Attorney(s) appearing for the Case

K. Elizabeth Dahlstrom (argued), Deputy Federal Public Defender, Santa Ana, CA; Sean K. Kennedy , Federal Public Defender; Brianna Fuller Mircheff , Deputy Federal Public Defender, Los Angeles, CA, for Defendant-Appellant.

Mónica M. Ramírez (argued), Assistant United States Attorney; André Birotte, Jr. , United States Attorney; Robert E. Dugdale , Assistant United States Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Before: RONALD M. GOULD and N.R. SMITH, Circuit Judges, and EDWARD R. KORMAN, Senior District Judge.

OPINION

GOULD, Circuit Judge:

Defendant-Appellant John Fitzgerald Daniels ("Daniels") appeals a 40-month sentence imposed by the district court after revocation of his supervised release. Daniels contends that the district court violated Federal Rule of Criminal Procedure 32.1(b)(2)(E) when it did not affirmatively offer him an opportunity to allocute before imposing its sentence. We have jurisdiction under 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291...

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