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)
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