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UNITED STATES v. CASTELLON

No. 23-4055.

92 F.4th 540 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Heverth Ulises CASTELLON, a/k/a Misterio, a/k/a Sailor, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 14, 2024.

Attorney(s) appearing for the Case

ARGUED: Joshua B. Carpenter , FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, North Carolina, for Appellant. Anthony Joseph Enright , OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. ON BRIEF: John G. Baker , Federal Public Defender, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant. Dena J. King , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Dismissed by published opinion. Chief Judge Diaz wrote the majority opinion, in which Judge Keenan joined. Judge Wynn wrote an opinion concurring in the judgment.

In this interlocutory appeal, Heverth Castellon asks us to vacate the district court's orders compelling his physical presence at a resentencing hearing.

Our precedent suggests that a noncapital criminal defendant can waive his right to be present at sentencing under Federal Rule of Criminal Procedure 43(c)(1)(B) if he...

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