Legal Opinion

United States v. Valdez-Aguirre

Court of Appeals for the Tenth Circuit

Decided July 3, 2017No. 15-3275PublishedCited by 7 opinions

1Opinion of the Court

BACHARACH, Circuit Judge.

This appeal involves allocution. When a convicted defendant allocutes, he or she makes a statement in mitigation of the sentence to be imposed. Allocution, Black’s Law Dict. 91 (Bryan A. Garner ed., 10th ed. 2014) (second definition). 1 The right to make such a statement is guaranteed under the federal rules. Fed. R. Crim. P. 32(i)(4)(A)(ii). By definition, allocution is to take place before the sentence is imposed. Otherwise, the defendant would have little to gain from making a statement.

But federal trial courts frequently approach sentencing with at least some idea…

2Cases cited15 opinions

  1. Green v. United StatesSupreme Court of the United States · 1961
  2. United States v. HardmanCourt of Appeals for the Tenth Circuit · 2002
  3. United States v. Shawn EngleCourt of Appeals for the Fourth Circuit · 2012
  4. United States v. PabloCourt of Appeals for the Tenth Circuit · 2012
  5. United States v. BenoitCourt of Appeals for the Tenth Circuit · 2013

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3Cited by7 opinions

  1. United States v. ChristyCourt of Appeals for the Tenth Circuit · 2019
  2. United States v. CooksonCourt of Appeals for the Tenth Circuit · 2019
  3. United States v. JimenezCourt of Appeals for the Tenth Circuit · 2023
  4. United States v. SlinkardCourt of Appeals for the Tenth Circuit · 2023
  5. Flora v. AshcroftCourt of Appeals for the Ninth Circuit · 2004

2 more not listed; retrieve them via the Exa API.

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