Friday, April 10, 2015

U.S. v. Urrutia-Contreras (9th Cir. - April 10, 2015)

It's not just the defendant who has the right to speak before a federal judge pronounces a criminal sentence.  So does the government.

This is important when, say, the U.S. Attorney might actually agree with the defendant.

The federal judge doesn't necessarily have to agree with what the defendant and/or U.S. Attorney say.

But the rule requires that the judge at least listen.

So the Ninth Circuit reverses and remands.