USA v. Woods

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
NOVEMBER 4, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 11-11638
Non-Argument Calendar
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D.C. Docket No. 8:10-cr-00273-JSM-TBM-1
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,
versus
MICHAEL WOODS,
lllllllllllllllllllllllllllllllllllllll lDefendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(November 4, 2011)
Before HULL, PRYOR and BLACK, Circuit Judges.
PER CURIAM:
Michael Woods appeals his sentence of 24 months of imprisonment for
violating the conditions of his supervised release. 18 U.S.C. § 3583(e)(3). Woods

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argues that the district court erred by denying him an opportunity to allocute
before the pronouncement of his sentence, and the government concedes that the
error requires reversal. See Fed. R. Crim. P. 32.1(b)(2)(E); United States v.
Carruth, 528 F.3d 845, 846 (11th Cir. 2008). Because we vacate Woods’s
sentence on this ground, we need not address his additional argument that his
sentence is procedurally unreasonable. We vacate Woods’s sentence and remand
for resentencing.
VACATED AND REMANDED.
2

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