United States v. Garcia-Robles
2011 U.S. App. LEXIS 9538
| 6th Cir. | 2011Background
- Garcia-Robles challenged his 96-month sentence on second appeal after a prior reversal for procedural unreasonableness.
- On remand, the district court resentenced him to the same term without a new hearing.
- The remand was not limited; the district court did not hold a plenary resentencing hearing.
- Garcia-Robles argued he was denied presence and allocution, violating Rules 32 and 43 and due process.
- The Sixth Circuit found the remand general, vacating the sentence and remanding for resentencing with proper procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether general remand requires plenary resentencing hearing | Garcia-Robles entitled to presence and allocution | Garcia-Robles seeks standard procedural rights at resentencing | Yes; right to plenary hearing and allocution on general remand |
| Whether reasons must be stated in open court under 3553(c) | Open-court reasoning is required for resentencing | Written rationale acceptable | Yes; reasons must be stated in open court |
| Whether failure to hold hearing was harmless error | Denial of hearing prejudices defendant | Non-prejudicial if no allocution requested | Not harmless; remand for de novo resentencing required |
| Whether rights apply when sentence vacated on direct appeal | Rights attach to resentencing upon remand | Existing rights suffice | Rights apply; allocution and presence required on general remand |
Key Cases Cited
- Behrens v. United States, 375 U.S. 162 (1963) (affirmative right to be present and speak at sentencing emphasized)
- Hill v. United States, 368 U.S. 424 (1962) (right to allocute before sentence is imposed)
- Green v. United States, 365 U.S. 301 (1961) (allocution importance in sentencing)
- United States v. DeMott, 513 F.3d 55 (2d Cir. 2008) (resentencing rights on remand)
- United States v. Muhammad, 478 F.3d 247 (4th Cir. 2007) (allocute on resentencing under Rule 32)
- United States v. Faulks, 201 F.3d 208 (3d Cir. 2000) (resentencing rights under Rule 43)
- United States v. Jeross, 521 F.3d 562 (6th Cir. 2008) (distinguishes limited vs general remand for purposes of allocution)
- United States v. Moore, 131 F.3d 595 (6th Cir. 1997) (general remand presumed de novo resentencing absent explicit limitations)
- United States v. Moored, 38 F.3d 1419 (6th Cir. 1994) (de novo resentencing framework on general remand)
- United States v. Jennings, 83 F.3d 145 (6th Cir. 1996) (de novo resentencing on general remand; consider new objections)
- United States v. Grams, 566 F.3d 683 (6th Cir. 2009) (open-court requirement for initial sentence applies to resentencing)