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· 8/26/1994

United States v. De Alba Pagan

Citations

  • 33 F.3d 125
  • 1994 U.S. App. LEXIS 23257
  • 1994 WL 454830

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, “if the trial court fails to afford a defendant either the right of allocution conferred by Rule 32(a)(1)(C) or its functional equivalent, 7 vacation of the ensuing sentence must follow automatically”
  • stating that “we do not attach talismanic significance to any particular string of words”
  • warning that “if the trial court fails to afford a defendant either the right of allocution ... or its functional equivalent, vacation of the ensuing sentence must follow automatically”
  • explaining that \[t]he right of allocution affords a criminal defendant the opportunity to make a final plea to the judge on his own behalf prior to sentencing\
  • stating that “we do not attach talismanic significance to any particular string of words”
  • noting that the right of allocution “is designed to temper punishment with mercy in appropriate cases, and to ensure that sentencing reflects individualized circumstances,” and that the right “has value in terms of maximizing the perceived equity of the process”

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Boudin, Stahl

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.