New opinion–plain error to sentence without offering allocution

CA3 today held that a district court committed plain error when it failed to offer the defendant an opportunity to make an allocution prior to being sentenced for violating a term of supervised release. The court rejected the government’s argument that the error was not prejudicial because the parties had agreed to the sentence.

The case is United States v. Paladino. Opinion by Greenaway, joined by Fuentes and Nygaard. Arguing counsel were Sarah Gannett for the defendant and Michael Ivory for the government.