United States v. Nathaniel Eugene Murphy

Nathaniel Eugene Murphy pleaded guilty to a violation of 26 U.S.C. § 5861(d) [possession of a sawed-off shotgun] and was sentenced to a five-year term of imprisonment. Because he was denied the right of allocution, guaranteed by Rule 32(a)(1) 1 of the Federal Rules of Criminal Procedure and Green v. United States, 365 U.S. 301, 81 S.Ct. 653, 5 L.Ed.2d 670 (1961), we reverse.

The district court engaged in an extensive colloquy with the defendant about how he acquired the gun and what he meant to do with it, ending in the following exchange:

[THE COURT:] A sawed-off shotgun can only be used for a…