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Double-Counting in Reentry Cases Still OK

By Shari Allison

United States v. Algarate-Valencia, ___ F.3d ___, 2008 WL 5401415 (10th Cir. 2008)After submitting a lengthy sentencing memo, defense counsel asked to speak at sentencing. The judge said ?you have 30 seconds.? Counsel spoke, quickly. After the judge pronounced sentence and did not address the grounds Defendant raised for a variance, the government asked the judge to make findings on Defendant?s variance grounds. The judge had an interesting retort: ?I?m not going to do that.? Issue 1: cutting counsel short on allocution. Court: plain error because no objection to the limitation!!! Under plain error, no showing that the time limit affected D?s substantial rights?that there were more or different arguments to be made than what was on paper...continue to full post

Full post as published by Tenth Circuit Blog on January 05, 2009 (boomark / email).