Martinez-Chino

MEMORANDUM **

Efren Martinez-Chino pleaded guilty to one count of illegal entry after deportation, in violation of 8 U.S.C. § 1326 . He appeals his sentence of fifty-seven months’ imprisonment and three years of supervised release. Martinez-Chino claims he was denied his right of allocution at sentencing, and that the district court erred in believing it could not depart downward based on the conditions of his pretrial confinement. We affirm.

I. Right to allocution

At the sentencing hearing, the district court asked Martinez-Chino if he had any additions or corrections to the presentence report. Martinez-Chino said no. The court then twice asked Martinez-Chino “Anything else?” Martinez-Chino mentioned the conditions of his pretrial confinement and his criminal history score, and then said “That’s all.” After the district court pronounced his sentence, Martinez-Chino again brought up the conditions of his confinement.

“In exercising the right to allocution, a defendant has the right to fully present all available accurate information bearing on mitigation of punishment, and the district court has a duty to listen and give careful and serious consideration to such information.”…