Monday, November 17, 2014

Third Circuit Finds District Court's Failure to Invite Defendant to Speak Prior to Sentencing for Violation of Supervised Release to Be Plain Error

Last month, the Third Circuit reversed a violation of supervised release based on the district court’s failure to directly address the defendant to offer him the opportunity speak in mitigation of sentence.  This is required by Rule 32(i)(4)(A)(ii) of the Federal Rules of Criminal Procedure.  Not only did the Court find that the district court had erred – it found that the error was “plain error,” which is the more demanding standard of appellate review that applies when an error was not first presented to the district court.  The Court vacated the district court’s order and remanded for resentencing.  UnitedStates v. Paladino, 2014 WL 5012694 (3d Cir. Oct. 8, 2014)

No comments:

Post a Comment