United States v. Francisco Rios Gallardo

977 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Francisco Rios GALLARDO, Defendant-Appellant. No. 91-50850. United States Court of Appeals, Ninth Circuit. Submitted Sept. 22, 1992. * Decided Oct. 1, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Francisco R. Gallardo appeals his sentence under the United States Sentencing Guidelines ("Guidelines") following his guilty plea to possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1). Gallardo contends that the district court erred by denying him a downward adjustment for his role in the offense pursuant to Guidelines section 3B1.2, and that he was denied his right of allocution at sentencing pursuant to Fed.R.Crim.P. 32(a)(1)(C). We have jurisdiction under 28 U.S.C. § 1291 and vacate and remand. 3 Before imposing its sentence, the district court must "address the defendant personally and…