United States v. Martinez

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-41266
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS MARTINEZ, also known as Jesus Martinez-Leanos,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-99-CR-535-1
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October 17, 2000
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jesus Martinez appeals following his conviction of
possession with intent to distribute marijuana. His sole
argument on appeal is the he was denied his right to allocution
at the sentencing hearing when the district court refused to
consider a letter from Martinez’s ex-wife which purportedly
discussed hardships the family would suffer due to Martinez’s
incarceration.
Under Fed. R. Crim. P. 32, the district court, before
imposing sentence, must “address the defendant personally and

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No. 99-41266
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determine whether the defendant wishes to make a statement and to
present any information in mitigation of the sentence.” Fed.
R. Crim. P. 32(c)(3)(C). To comply with this rule, there must be
some type of interaction between the sentencing court and the
defendant demonstrating that the defendant understood that he had
the right to speak on any subject before being sentenced. United
States v. Myers, 150 F.3d 459, 462 (5th Cir. 1998).
The record illustrates not only that Martinez was afforded
his right to allocution at sentencing but also that he addressed
the court and that the district court considered the information
Martinez presented.
AFFIRMED.

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