United States v. John M. Hummasti

29 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John M. HUMMASTI, Defendant-Appellant. No. 93-30199. United States Court of Appeals, Ninth Circuit. Submitted July 11, 1994. * Decided July 20, 1994. 1 Before: TANG and WIGGINS, Circuit Judges, and HENDERSON, ** District Judge. 2 MEMORANDUM *** 3 John M. Hummasti appeals his resentencing for attempted bank robbery, and claims that he was denied his right to make full allocution on relevant mitigating factors at the resentencing hearing. The court imposed a sentence of 105 months, the high end of the applicable guideline range. 4 "As long as the defendant has an opportunity to make a statement during the sentencing hearing, before the court makes its final judgment, Rule 32(a)(1)(C) is satisfied." United States v. Lavern, 963 F.2d 235, 237 (9th Cir.1992). The right of allocution, however, is not unlimited. United States v. Kellogg, 955 F.2d 1244, 1250 (9th Cir.1992).…