Salas
United States v. Salas
Opinion
Lead Opinion
MEMORANDUM ***
Pedro Salas (“Martinez”) 1 appeals his sentence, following his guilty plea, to one count of illegal reentry to the United States, in violation of 8 U.S.C. § 1326 (a). Based on Martinez’s offense level of 21 and Criminal History Category V, his guideline sentencing range was 70 to 87 months. The district court sentenced Martinez to the minimum possible sentence of 70 months imprisonment and three years supervised release. Martinez contends that the district court failed to comply with Fed.R.Crim.P. 32(c)(3)(C) because the judge determined the sentence before allowing Martinez to speak. We review the district court’s alleged failure to provide for the right of allocution for harmless error and affirm Martinez’s sentence. See United States v. Mack, 200 F.3d 653, 657 (9th Cir.), cert. denied, 530 U.S. 1234 , 120 S.Ct. 2669 , 147 L.Ed.2d 282 (2000).
Fed.R.Crim.P. 32(c)(3)(C) provides that before imposing sentence, the court must “address the defendant personally and determine whether the defendant wishes to make a statement and to present any information in mitigation of the sentence.” See United States v. Leasure, 122 F.3d 837, 840 (9th Cir.1997).