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U.S. v. FIGUEROA-COELLO

No. 18-50254.

920 F.3d 260 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Santos FIGUEROA-COELLO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED April 3, 2019.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Mark Randolph Stelmach, Esq. , Assistant U.S. Attorneys, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Laura G. Greenberg , Assistant Federal Public Defender, Maureen Scott Franco , Federal Public Defender, Federal Public Defender's Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Before KING, SMITH, and WILLETT, Circuit Judges.

Appellant asks us to overturn the district court's within-Guidelines sentence because he was denied the chance to speak at his sentencing hearing. We agree that Appellant successfully demonstrated reversible plain error that affected the fairness of his sentence. We thus REVERSE the district court's judgment and REMAND for resentencing.

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