United States v. Steinert

MEMORANDUM OPINION

ELLIS, District Judge.

This is an appeal from a magistrate judge’s decision revoking defendant-appellant Martin Steinert’s probation and sentencing him to serve five months and twenty days incarceration. The following two questions are presented:(1) Whether plain error occurred warranting resentencing when the magistrate judge, without objection from defense counsel, failed to afford Steinert an opportunity to allocute prior to sentencing for the probation violation?(2) Whether it was plain error for the magistrate judge, in lieu of a colloquy with Steinert, to accept defense…