United States v. Green, No. 17-30227 (9th Cir. 2019)Annotate this Case
The Ninth Circuit withdrew its previous opinion and filed an amended opinion vacating defendant's sentence and remanding for resentencing. In this case, defendant had pleaded guilty to a single count of possession of a firearm as a felon.
The panel held that a district court does not need to decide a defendant's eligibility for an acceptance-of-responsibility reduction in his Guidelines level before listening to the defendant's allocution. The panel held that the sentencing court erred by concluding that it could not first hear from the defendant before determining whether a reduction for acceptance of responsibility was warranted under the Guidelines. The court further held that this misapprehension was plain error.
This opinion or order relates to an opinion or order originally issued on August 21, 2019.