USA v. Michael Wood, No. 11-11638 (11th Cir. 2011)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS No. 11-11638 Non-Argument Calendar ________________________ ELEVENTH CIRCUIT NOVEMBER 4, 2011 JOHN LEY CLERK D.C. Docket No. 8:10-cr-00273-JSM-TBM-1 UNITED STATES OF AMERICA, llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee, versus MICHAEL WOODS, lllllllllllllllllllllllllllllllllllllll lDefendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (November 4, 2011) Before HULL, PRYOR and BLACK, Circuit Judges. PER CURIAM: Michael Woods appeals his sentence of 24 months of imprisonment for violating the conditions of his supervised release. 18 U.S.C. § 3583(e)(3). Woods argues that the district court erred by denying him an opportunity to allocute before the pronouncement of his sentence, and the government concedes that the error requires reversal. See Fed. R. Crim. P. 32.1(b)(2)(E); United States v. Carruth, 528 F.3d 845, 846 (11th Cir. 2008). Because we vacate Woods s sentence on this ground, we need not address his additional argument that his sentence is procedurally unreasonable. We vacate Woods s sentence and remand for resentencing. VACATED AND REMANDED. 2

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