United States v. Lewis

MEMORANDUM**

Brandon D. Lewis appeals the 60-month sentence imposed upon the district court’s revocation of his supervised release term. We have jurisdiction pursuant to 18 U.S.C. § 3742. We vacate and remand, in part, and affirm, in part.

Lewis first contends that the district court erred in failing to give him the right to allocution under Fed.R.Crim.P. 32 before his sentencing on revocation of supervised release. As conceded by the government, the district court’s error is not harmless. See United States v. Carper, 24 F.3d 1157, 1162 (9th Cir.1994) (deciding that “when the district court has…