Legal Opinion · Dissent

United States v. Ramiro Montoya-De La Cruz

Court of Appeals for the Fifth Circuit

Decided June 30, 2017No. 15-50804 Consolidated with Case 15-50808Published

1Dissent

JAMES E. GRAVES, JR., Circuit Judge,

dissenting:

Federal Rule of Criminal Procedure 32 requires the district court to “address the defendant personally in order to permit the defendant to speak or present any information to mitigate the sentence” before imposing sentence. Fed. R. Crim. P. 32 (i) (4) (A) (ii). Rule 32 guarantees the defendant’s right to allocution, “an important, highly respected right” that “is deeply rooted in our legal tradition.” United States v. Reyna, 358 F.3d 344, 349 (5th Cir. 2004) (en banc). Indeed, the right has been enshrined in our jurisprudence since before the…

2Cases cited7 opinions

  1. United States v. DabeitCourt of Appeals for the Fifth Circuit · 2000
  2. Green v. United StatesSupreme Court of the United States · 1961
  3. United States v. ReynaCourt of Appeals for the Fifth Circuit · 2004
  4. United States v. Avila-CortezCourt of Appeals for the Fifth Circuit · 2009
  5. United States v. Jose Palacios, Jr.Court of Appeals for the Fifth Circuit · 2016

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