United States v. Peter Unakalu

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
OCTOBER 5, 2009
No. 09-11703 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 97-00364-CR-1-MHS-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PETER UNAKALU,
a.k.a. Eromsele Hakeem,
a.k.a. Omokehinde Lawrence,
a.k.a. Patrick Eromesele,
a.k.a. Gabirel Ujochokw Ezenia,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(October 5, 2009)
Before TJOFLAT, MARCUS and ANDERSON, Circuit Judges.
PER CURIAM:
Peter Unakalu appeals his sentence of 24 months’ imprisonment imposed
following the district court’s revocation of his supervised release, pursuant to 18
U.S.C. § 3583(e). After imposing sentence, the court failed to elicit the parties’
objections, if any, as required by United States v. Jones, 899 F.2d 1097, 1102 (11 th
Cir. 1990), overruled in part on other grounds, United States v. Morrill, 984 F.2d
1136 (11th Cir. 1993). We therefore vacate Unakalu’s sentence and remand the
case with the instruction that the district court, in sentencing the defendant, elicit
the parties’ objections in accordance with Jones.
VACATED and REMANDED, with instruction.
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