United States v. Larry Wayne Carper, Jr.

The district court sentenced Larry Wayne Carper, Jr. to eighteen months imprisonment after it revoked his supervised release. Carper challenges this sentence on the ground that the district court did not afford him the right of allocution required by Federal Rule of Criminal Procedure 32(a)(1)(C). We have jurisdiction under 18 U.S.C. § 3742 (a).

I.

Carper was sentenced on May 3, 1990 to a term of forty-one months imprisonment, followed by three years of supervised release. On March 24,1993, the United States Probation Office petitioned the district court to revoke Carper’s supervised release, alleging five violations. Carper admitted that he failed to (1) submit monthly reports, (2) notify the probation officer of changes in employment, (3) attend a drug treatment program, and (4) make restitution payments. He contested the allegation that he used and possessed an illegal substance.

The sole issue at the revocation hearing was whether the government properly established drug use or possession. The parties and court agreed that if the government’s evidence did not meet the requirements of United States v. Martin, 984 F.2d 308 (9th Cir.1993), the applicable range of punishment…