United States v. Jose Figueroa-Coello

Appellant asks us to overturn the district court's within-Guidelines sentence because he was denied the chance to speak at his sentencing hearing. We agree that Appellant successfully demonstrated reversible plain error that affected the fairness of his sentence. We thus REVERSE the district court's judgment and REMAND for resentencing.

I

Appellant Jose Santos Figueroa-Coello, a citizen of both Honduras and Mexico with a criminal history, pleaded guilty to illegally reentering the United States. See 8 U.S.C. § 1326 . His proper sentencing range, as determined based on his presentence report,…