United States of America v. Juan Diaz-Rebollar

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-4708
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JUAN DIAZ-REBOLLAR,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (7:08-cr-00012-F-1)
Submitted: June 3, 2009 Decided: June 16, 2009
Before WILKINSON, NIEMEYER, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert Hood Hale, Jr., ROBERT H. HALE, JR. & ASSOCIATES,
Raleigh, North Carolina, for Appellant. George E. B. Holding,
United States Attorney, Robert J. Higdon, Jr., Eric Evenson,
Assistant United States Attorneys, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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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 allocute 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, 128 S. Ct. 2954 (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

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