United States v. Elrond Perico Turner

TATE, Circuit Judge:

The defendant Turner appeals from revocation of his probation and his sentence to five years’ imprisonment. We affirm the revocation, but vacate the deferred sentence imposed because, after revocation and before imposition of the sentence, the district court did not afford the defendant his allocution right to make a statement to present any information in mitigation of punishment.

In 1979 the defendant Turner pleaded guilty to wire fraud, 18 U.S.C. § 1343. Sentencing was deferred, and he was placed on probation for five years. In 1984, his probation officer filed a…