U.S. v. MONTOYA

No. 15-50804 Consolidated with Case No. 15-50808.

861 F.3d 600 (2017)

UNITED STATES of America, Plaintiff-Appellee v. Ramiro MONTOYA-De La Cruz, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed June 30, 2017.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, Kenneth P. Kaplan , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, El Paso, TX, for Plaintiff-Appellee.

Donna F. Coltharp , Assistant Federal Public Defender, Maureen Scott Franco , Federal Public Defender, Federal Public Defender's Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Before JOLLY, SMITH, and GRAVES, Circuit Judges.


Ramiro Montoya-De La Cruz ("Montoya") challenges his sentences for illegal reentry and violation of the terms of his supervised release on the ground that the district court plainly erred by failing to provide him an opportunity to allocute before pronouncing his sentences. We AFFIRM.

I.

Montoya was...

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