X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Before Lipez, Hansen *fn1 and Howard, Circuit Judges.

In this opinion, we address several issues with respect to the conviction and sentence of Felix Gonzalez- Melendez for aiding and abetting a carjacking in violation of 18 U.S.C. * 2219(1) and (2). Previously, we remanded a portion of this case to the district court (we did, however, retain jurisdiction), so that it could determine whether certain prior out-of-court statements made by Lawrence Evans, the supervisor of both the victim of the carjacking and the appellant, were discoverable under the Jencks Act. See United States v. Gonzalez-Melendez (Gonzalez-Melendez I), 570 F.3d 1, 2-3 (1st Cir. 2009) (per curiam). In addition, we asked the district court, on remand, to augment the record with respect to its handling of a jury note. This note had requested copies of the indictment and the court’s instructions of law, as well as an explanation of an unspecified issue. See id. at 3.

Now that the district court has provided the information we sought, we proceed to decide the totality of Gonzalez-Melendez’s appeal. Although the trial leading to the appellant’s conviction was not free from infirmity, it did not suffer from a crippling malaise. Accordingly, we affirm the conviction. The same cannot be said about the sentence: as the government concedes in its brief, the appellant was not afforded the opportunity to allocute before the district court pronounced sentence. Consequently, we vacate the sentence and remand for re-sentencing.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

CORE RESPONSIBILITIES AND TASKS: Reporting to the Senior Vice President, Chief Legal Officer &...


Apply Now ›

Yale New Haven Health seeks a dynamic and collaborative executive to serve as its Vice President, Labor Strategy and Senior Associate Genera...


Apply Now ›

Nestled in the heart of Northern California Wine Country, Sonoma County is the largest county in the North Bay region of the San Francisco B...


Apply Now ›