U.S. v. Urrutia-Contreras, No. 14-50113 (Gettleman, DJ, with Gould and Kleinfeld) ---

 

The government gets to weigh in on a revocation sentence, just like it does at the initial sentencing hearing. Here, the court sentenced the defendant on a new illegal reentry charge and a revocation. The revocation was for a SR term attached to a sentence all agreed was erroneous, and for which the defendant served more time than necessary. Defense counsel argued for a short consecutive sentence. The court moved to sentencing. When defense counsel objected, that the government should be heard, arguably to support defendant's position, the court stated that it, not the government, sentenced. On appeal, the 9th vacated and remanded. The 9th held that as the government had a right to be heard at sentencing under Fed R Crim P 32, so too should it be heard in revocation proceedings under Fed R Crim P 32.1. Rule 32 "fills in the gaps."

Congrats to Kent Young of Federal Defenders of San Diego, Inc.

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2015/04/10/14-50113.pdf