United States v. Diaz-Rebollar

331 F. App'x 269

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 16, 2009
• Docket: 08-4708
• Status: Unpublished

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Juan Diaz-Rebollar pled guilty to a single count of illegal reentry of a previously deported felon, in violation of 8 U.S.C. § 1326(b)(2) (2006), and was sentenced to 96 .months in prison. On appeal, Diaz-Rebollar argues that the district court erred by not permitting him to allocute before announcing sentence. Our review of the sentencing transcript reveals the district court invited Diaz-Rebollar to allo-cute before the imposition of his sentence. See United States v. McClung, 483 F.3d 273, 276 (4th Cir.2007) (allocution is the defendant’s right to speak on his own behalf and present evidence that might mitigate his punishment), cert. denied, — U.S.-, 128 S.Ct. 2954, 171 L.Ed.2d 890 (2008). Diaz-Rebollar simply chose not to use that opportunity. Therefore, the district court committed no error.

. Accordingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.