United States v. Shirley A. Curtis

Appellant moved pursuant to 28 U.S.C. § 2255 to vacate her ten year sentence under the Narcotic Addict Rehabilitation Act (NARA), 18 U.S.C. § 4251 et seq. The basis of the petition was that she had not been present in court nor given an opportunity to allocute when final sentence was imposed as required by Fed.R.Crim.P. 43 and 32, although she had been present at the initial hearing when the court ordered the examination under NARA. The trial court denied the petition without hearing on the grounds the record showed Ms. Curtis had waived her right to reappear in court for final sentencing…