United States v. William K. Rodriguez

EMILIO M. GARZA, Circuit Judge:

William Rodriguez appeals the district court’s sentence imposed upon revocation of his supervised release. Because the district court sentenced Rodriguez in absentia and without affording him the right to allocute, we vacate and remand for resentencing.

In 1989, Rodriguez was convicted by a jury of stealing a government-owned van in violation of 18 U.S.C. § 641, and was sentenced to three years of probation. Upon revocation of his probation for violating the terms of such probation, Rodriguez was subsequently sen tenced to five months imprisonment and three years…