United States v. Edward Leavitt

LEVIN H. CAMPBELL, Circuit Judge.

Appellant contends that the District Court erred in sentencing him while he was intoxicated. Convicted four days earlier by a jury of assaulting a Federal Revenue Agent, he appeared for sentencing several hours late. The District Court inquired if there was any legal cause why sentence should not be imposed, to which the Government responded, “The Government knows of none.” There was no response from defendant or his counsel; however, following the Court’s next question, “Is there anything you want to say in behalf of the Defendant ?”, counsel spoke at length…