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UNITED STATES of America, Plaintiff-Appellee v. Elbert CARTER, Defendant-Appellant

United States Court of Appeals for the Fifth Circuit2012-06-11No. No. 11-60537
467 F. App'x 338

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Opinion

majority opinion

PER CURIAM:

We vacate the sentence imposed on the defendant for the reason that the district court gave the defendant no opportunity to allocute during the sentencing hearing, which under the circumstances here, was reversible plain error. Thus, the district court should bring the defendant before it, allow the defendant an opportunity to allocute, and resentence the defendant according to all applicable procedures. We express no opinion on the sentence to be imposed.

VACATED and REMANDED.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.