United States v. Alfredo Dominguez-Hernandez

Appellant Dominguez pleaded guilty to conspiracy to possess ten machine guns, violating 18 U.S.C. §§ 371 and 922(o)(l), and was sentenced to thirty months imprisonment followed by a three-year term of supervised release and a $50 special assessment. With misgivings, we are forced to vacate and remand for resentencing.

Dominguez’s brief on appeal raises but one issue: that the district court did not specifically address him and determine whether he wished to exercise his right to allocution. This court has repeatedly held, as the government recognizes, that a de fendant must be given an…