United States v. John Daniels

OPINION

GOULD, Circuit Judge:

D efendant-Appellant John Fitzgerald Daniels (“Daniels”) appeals a 40-month sentence imposed by the district court after revocation of his supervised release. Daniels contends that the district court violated Federal Rule of Criminal Procedure 32.1(b)(2)(E) when it did not affirmatively offer him an opportunity to allocute before imposing its sentence. We have jurisdiction under 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291, and we vacate and remand for resentencing.

I

In February 1991, Daniels was sentenced to 20 years in federal prison, to be followed by 10 years of…