United States v. Jesus Montalvo-Rodriguez

PER CURIAM: *

Jesus Montalvo-Rodriguez (Montalvo) appeals his sentence for having been found unlawfully present in the United States following a prior deportation. He asserts that the district court plainly erred by denying him an opportunity for allocution. As the Government concedes, the district court violated Rule 32 of the Federal Rules of Criminal Procedure by failing to allow Montalvo an opportunity to address the court before it imposed his sentence. The error was clear or obvious. See United States v. Reyna, 358 F.3d 344, 350 (5th Cir.2004) (en banc). We presume that the error…