US v. REYNA, 01-41164
In the absence of an objection by the defendant, district court's failure to give the defendant an opportunity to allocute as required by FRCP rule 32 is subject to plain error review.
- Decided 01/26/2004
- Published 01/26/2004
W. EUGENE DAVIS, Circuit Judge:, Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT and PRADO, Circuit Judges.
United States Fifth Circuit
Katherine L. Haden (argued) and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee., Roland E. Dahlin, II, Fed. Pub. Def., H. Michael Sokolow (argued), Houston, TX, Thomas G. Lindenmuth, McAllen, TX, for Defendant-Appellant.