United States v. Resendez-Mendez ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40572
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE ALFREDO RESENDEZ-MENDEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-97-CR-450-1
--------------------
March 17, 2000
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
Jose Alfredo Resendez-Mendez appeals his sentence following
his guilty plea conviction for being an alien found illegally
within the United States in violation of 8 U.S.C. § 1326. At his
sentencing hearing, the district court failed to address
Resendez-Mendez personally and give him an opportunity to make a
statement or provide information in mitigation of his sentence,
as required under Federal Rule of Criminal Procedure 32(c)(3)(C).
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 98-40572
-2-
The denial of Resendez-Mendez’s right of allocution requires that
his sentence be vacated and that his cause be remanded for
resentencing. See United States v. Echegollen-Barrueta, 195 F.3d
786, 789 (5th Cir. 1999).
Accordingly, Resendez-Mendez’s sentence is VACATED and the
cause REMANDED for resentencing.