United States v. Sim Ed Moree

ALVIN B. RUBIN, Circuit Judge:

The defendant’s original sentence was vacated by this court as a misapplication of the Sentencing Guidelines and the case was remanded to the district court. On remand, the district court sentenced the defendant in absentia and without affording him the right to allocute. The district court concluded that, because the new sentence was less onerous than the sentence originally imposed, the resentencing proceeding was a “reduction in sentence” under Federal Rule of Criminal Procedure 35, and that the presence of the defendant was therefore not required as stated in…