Quezada-Leon

United States v. Quezada-Leon

Good Law
44 F. App'x 794
United States Court of Appeals for the Ninth CircuitAugust 15, 2002No. 01-10617, 01-10619; D.C. Nos. CR-99-00018-HDM, CR-01-00115-HDMCalifornia379 words

Opinion

Lead Opinion

MEMORANDUM **

Naul Quezada-Leon appeals the sentences imposed following his guilty-plea convictions of illegal reentry of a deported alien, in violation of 8 U.S.C. § 1326 (a), *795 and violating supervised release from a prior conviction of illegal entry. Quezada-Leon argues that the district court denied him the right of allocution. We have jurisdiction, 18 U.S.C. § 3742 (a)(2) and 28 U.S.C. § 1291 , and review for harmless error whether the district court denied Quezada-Leon the right of allocution. United States v. Leasure, 122 F.3d 837, 840 (9th Cir.1997).

The district court held a single hearing to impose sentence on both the illegal reentry offense and the supervised release violation. At the hearing, defense counsel addressed both offenses together in his argument for leniency, asserting mitigating factors common to both offenses and suggesting one total sentence. In his address to the court, Quezada-Leon cited the same common mitigating factors and addressed both offenses together in urging leniency. Defense counsel was invited to speak again before sentencing on the supervised release violation; counsel did so, only reiterating his prior arguments.

The district court…

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