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United States v. Gonzalez

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Heard: May 12, 2008

Before: NEWMAN, WALKER, and SOTOMAYOR, Circuit Judges.

This sentencing appeal primarily concerns the omission of a defendant’s opportunity to address the sentencing judge prior to imposition of sentence. Defendant-Appellant Rolando Gonzalez appeals from the October 31, 2007, judgment of the District Court for the Southern District of New York, before Judge Samuel Conti (District Judge, sitting by designation), sentencing him to the statutorily maximum term of twenty-four months of incarceration for violating his supervised release. On appeal, he contends that Judge Conti’s sentence was procedurally and substantively unreasonable. We conclude that the case must be remanded for resentencing.

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