By: Derek Hawkins//August 22, 2016//
7th 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