Search | Punch and Jurists

U.S. v. Gonzalez, No. 07-4824-cr (2nd Cir.) (529 F.3d 94) (June 11, 2008) (Judge Jon O. Newman)

Article • July 1, 2008 • from P&J July, 2008

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Gonzalez, No. 07-4824-cr (2nd Cir.) (529 F.3d 94) (June 11, 2008) (Judge Jon O. Newman) by Sentence imposed on a defendant for violating the terms of his supervised release is vacated and remanded where the district court: 1) omitted defendant's opportunity for a pre-sentence allocution; and 2) did …

U.S. v. Smith, No. 03-10548 (9th Cir.) (424 F.3d 992) (September 13, 2005) (Judge Michael Daly Hawkins)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Smith, No. 03-10548 (9th Cir.) (424 F.3d 992) (September 13, 2005) (Judge Michael Daly Hawkins) by Rule 32(i)(4)(A)(ii) of the Fed.R.Crim.P. states that, before imposing sentence, the district court must address the defendant personally “in order to permit the defendant to speak or present any information to mitigate …

Green v. U.S., No. 70, 179 (U.S. Supreme Court) (365 U.S. 301; 81 S.Ct. 653) (February 27, 2061) (Justice Frankfurter)

Article • April 5, 2004

Filed under: Punch And Jurists, Right of Allocution

Green v. U.S., No. 70, 179 (U.S. Supreme Court) (365 U.S. 301; 81 S.Ct. 653) (February 27, 2061) (Justice Frankfurter) by At the conclusion of the defendant's sentencing in this case, the trial judge asked: "Did you want to say something?" (Id., at 302). It was unclear from the record …

U.S. v. Reyna, No. 01-41164 (5th Cir.) (358 F.3d 344) (January 26, 2004) (Judge W. Eugene Davis)

Article • March 1, 2004 • from P&J March, 2004

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Reyna, No. 01-41164 (5th Cir.) (358 F.3d 344) (January 26, 2004) (Judge W. Eugene Davis) by Here, abrogating prior precedent, the en banc court held that the failure to give the defendant his Rule 32 right of allocution to speak in mitigation of his sentence, no longer requires …

U.S. v. Plotts, No. 02-4575 (3rd Cir.) (359 F.3d 247) (February 19, 2004) (Judge Thomas L. Ambro)

Article • March 1, 2004 • from P&J March, 2004

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Plotts, No. 02-4575 (3rd Cir.) (359 F.3d 247) (February 19, 2004) (Judge Thomas L. Ambro) by Defendant appealed the decision of the District Court revoking his supervised release and imposing a sentence of imprisonment. Defendant alleged that he was denied the right of allocution at his release revocation …

U.S. v. Hall, No. 96-10178 (5th Cir.) (152 F.3d 381) (August 21, 1998) (Judge Carolyn Dineen King)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Hall, No. 96-10178 (5th Cir.) (152 F.3d 381) (August 21, 1998) (Judge Carolyn Dineen King) by In this case the Court examined, at length, the common-law right of allocution. Among the many issues decided in this case, the Court held that a defendant does not have a right …

Pasquarille v. U.S., No. 96-6315 (6th Cir.) (130 F.3d 1220) (December 9, 1997) (Judge Damon J. Keith)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Right of Allocution

Pasquarille v. U.S., No. 96-6315 (6th Cir.) (130 F.3d 1220) (December 9, 1997) (Judge Damon J. Keith) by Court held that right of allocution applies only to original sentence and not to subsequent resentencing.

U.S. v. Patterson, No. 97-2216 (8th Cir.) (128 F.3d 1259) (November 13, 1997) (Per Curiam)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Patterson, No. 97-2216 (8th Cir.) (128 F.3d 1259) (November 13, 1997) (Per Curiam) by United States v. Withers, 128 F.3d 1167 (7th Cir. 1997) (Judge Kanne) United States v. Patterson, 128 F.3d 1259 (8th Cir. 1997) (Per Curiam) United States v. Pelensky, 129 F.3d 63 (2nd Cir. 1997) …

U.S. v. Li, No. 96-1508 (2nd Cir.) (115 F.3d 125) (May 27, 1997) (Judge Milton I. Shadur)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Li, No. 96-1508 (2nd Cir.) (115 F.3d 125) (May 27, 1997) (Judge Milton I. Shadur) by Here the Court held that the trial court had violated the defendant's right of allocution at sentencing (as set forth in Fed.R.Crim.P. 32(c)(3)(C), and for that reason it remanded the case back …

U.S. v. Muriel, No. 96-1588 (1st Cir.) (111 F.3d 975) (May 5, 1997) (Judge Hugh H. Bownes)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Muriel, No. 96-1588 (1st Cir.) (111 F.3d 975) (May 5, 1997) (Judge Hugh H. Bownes) by

U.S. v. Muriel, No. 96-1588 (1st Cir.) (111 F.3d 975) (May 5, 1997) (Judge Hugh H. Bownes)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Muriel, No. 96-1588 (1st Cir.) (111 F.3d 975) (May 5, 1997) (Judge Hugh H. Bownes) by While it may be more of academic than practical value, this decision contains a detailed discussion of a defendant's right of allocution - a right that is embodied in Rule 32(c)(3)(C). Here, …

U.S. v. Tamayo, No. 93-5253 (11th Cir.) (80 F.3d 1514) (April 19, 1996) (Judge Stanley F. Jr. Birch)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Tamayo, No. 93-5253 (11th Cir.) (80 F.3d 1514) (April 19, 1996) (Judge Stanley F. Jr. Birch) by Case held that district court did not commit reversible error by failing to give defendant the right of allocution at resentencing hearing.

U.S. v. Tamayo, No. 93-5253 (11th Cir.) (80 F.3d 1514) (April 19, 1996) (Judge Stanley F. Jr. Birch)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Right of Allocution

U.S. v. Tamayo, No. 93-5253 (11th Cir.) (80 F.3d 1514) (April 19, 1996) (Judge Stanley F. Jr. Birch) by One of the issues discussed in this case is the importance of and the origins of the defendant's right of allocution at sentencing, as set forth in Rule 32(A)(1)(c). In Footnote …