United States Ninth Circuit

Sentence imposed for violation of the terms of supervised release is vacated and remanded for resentencing where: 1) Fed. R. Crim. P. 32, which requires the district court to solicit the government's position with respect to sentencing, should be used to "fill in the gap" in Fed. R. Crim. P. 32.1, which is silent as to whether the government must be given an opportunity to make a statement with respect to revocation sentencing; and 2) the district court erred by failing to give the government an opportunity to make such a statement during the sentencing portion of the defendant's revocation proceeding, and the error was not harmless.

Appellate Information

• Decided 04/10/2015
• Published 04/10/2015

Judges

• Gettleman

Court

• United States Ninth Circuit

Counsel