United States v. Abney, No. 19-3090 (D.C. Cir. 2020)Annotate this Case
The DC Circuit vacated defendant's sentence imposed after he pleaded guilty to unlawful possession with intent to distribute 50 grams or more of cocaine base, or crack, in violation of 21 U.S.C. 841(a)(1), (b)(1)(A)(iii) (2006). The court held that the district court committed reversible error when it denied defendant's request to allocute before he was sentenced. In this case, defendant's attempt to speak up preserved his claim and, even if it did not, the district court's failure to invite defendant to allocute before it sentenced him is plain error calling for resentencing. Accordingly, the court remanded for resentencing.