United States v. Kenneth Mitchell Casey

97 F.3d 1461 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth Mitchell CASEY, Defendant-Appellant. No. 95-10520. United States Court of Appeals, Ninth Circuit. Submitted Sept. 10, 1996. * Decided Sept. 12, 1996. Before: FLETCHER, BRUNETTI and JOHN T. NOONAN, Jr., Circuit Judges. 1 MEMORANDUM ** 2 Kenneth Mitchell Casey appeals his sentence under the Sentencing Guidelines imposed following his jury conviction for bank robbery. He contends, and the government concedes, that the district court violated Fed.R.Crim.P. 32(c)(3)(C) by failing to afford him the right of allocution at sentencing. The error was not harmless because Casey's sentence was not "as short as it could possibly be under the Guidelines." See United States v. Carper, 24 F.3d 1157, 1162 (9th Cir.1994) (citations omitted). Accordingly, we vacate Casey's sentence and remand for resentencing. 3 Relying on United States v. Navarro-Flores, 628 F.2d 1178 (9th…