United States v. John Daniels

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 13-50331 Plaintiff-Appellee, D.C. No. v. 2:90-cr-00652-SVW-

JOHN FITZGERALD DANIELS,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding

Argued and Submitted June 6, 2014—Pasadena, California

Filed July 23, 2014

Before: Ronald M. Gould and N.R. Smith, Circuit Judges, and Edward R. Korman, Senior District Judge.*

Opinion by Judge Gould

* The Honorable Edward R. Korman, Senior District Judge for the U.S. District Court for the Eastern District of New York, sitting by designation. SUMMARY**

Criminal Law

Vacating a sentence imposed after revocation of supervised release and remanding for resentencing, the panel held that Fed. R. Crim. P. 32.1(b)(2)(E) requires a court to address a supervised releasee personally to ask if he wants to speak before the court imposes a post-revocation sentence, and that a district court that does not offer a supervised releasee the chance to…