United States v. Paul Silva

O’SCANNLAIN, Circuit Judge.

We must decide whether a defendant has a right to allocute during a limited remand to the district court from a sentencing appeal.

I

A jury in the Southern District of California convicted appellant Paul Silva of importation of marijuana and possession of marijuana with intent to distribute. The district judge held a sentencing hearing, in which he considered the Probation Officer’s Report, Silva’s Sentencing Memorandum and Departure Request, the Addendum to the Probation Officer’s Report, and the Government’s Sentencing Summary Chart. He expressly asked Silva whether…