Legal Opinion

Elhalaby v. United States

District of Columbia Court of Appeals

Decided August 5, 2010No. 07-C0-846Published

1Opinion of the Court

KRAMER, Associate Judge:

Ramy Elhalaby appeals from the denial of his Motion to Reduce Sentence and argues that this court should vacate his sentence and remand for re-sentencing because he was denied the right to alloeute on his own behalf at his probation revocation hearing. We review for plain error because Elhalaby did not object at the hearing. We do not find plain error, and we affirm.

I. Factual Summary

On April 9, 2004, Elhalaby pled guilty to one count of attempted distribution of cocaine under D.C.Code § 48-904.01(a)(l). Judge Rafael Diaz sentenced him to twenty years of incarceration,…

2Cases cited15 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Johnson v. United StatesSupreme Court of the United States · 1997
  3. Thomas v. United StatesDistrict of Columbia Court of Appeals · 2006
  4. United States v. ReynaCourt of Appeals for the Fifth Circuit · 2004
  5. United States v. LuepkeCourt of Appeals for the Seventh Circuit · 2007

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