United States v. Vasquez
Court of Appeals for the Fifth Circuit
1Opinion of the Court
COBB, District Judge:
In this case, we address an issue explicitly left open by this court in United States v. Echegollen-Barrueta, 195 F.3d 786, 790 (5th Cir.1999)(“[W]e decline to reach the closer question of whether [the defendant] is entitled to reversal on a Rule 32(c)(3)(B) error to which he failed to object.”). That is, whether a district court’s failure to comply with Fed.R.Crim.P. 32(c)(3)(B), which requires the court during sentencing to afford the defendant’s counsel an opportunity to speak on his behalf, is amenable to plain error analysis under Fed.R.Crim.P. 52(b). We find that it…
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