Sentencing Hearing

By: Derek Hawkins//August 22, 2016//

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7^th Circuit Court of Appeals

Case Name: United States of

Case No.: 15-2255

Officials: WOOD, Chief Judge, and POSNER and ROVNER, Circuit Judges.

Focus: Sentencing Hearing

Court is uncertain as to the soundness of appellant sentencing hearing

“Nor did the court give Mobley an opportunity for allocution—something we have just said that it was required to do. See Barnes, 948 F.2d at 329. The twist here is that Mobley did not object to this misstep. Ordinarily, we would review only for plain error. United States v. Noel, 581 F.2d 490, 502–03 (7th Cir. 2009). For an error to be plain, it must be both obvious and have affected Mobley’s substantial rights. United States v. Olano, 507 U.S. 725, 732 (1993). The error here was obvious given Barnes. We need not say whether this would be enough, by itself, to require a remand. Because we are sending the case back for a full resentencing, the district court need only ensure that he has this opportunity at the proper time in the new hearing.”

Vacated and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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