United States v. Merrick D. Myers, Also Known as Merrick Myers

DUHÉ, Circuit Judge:

In this ease we address whether a district court’s failure to comply with Fed.R.CRIM.P. 32(c)(3)(C), which requires the court during sentencing to address the defendant personally and to determine whether the defendant has any statement to make or information to present in mitigation of his sentence, is amenable to a harmless error analysis. We find that it is not, and we therefore reverse and remand for resentencing.

BACKGROUND

Merrick Myers (“Myers”) pled guilty to conspiracy to distribute cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 846. Myers’s Presentence…