United States v. Matias Montemayor De La Paz, 698 F.2d 695 (5th Cir. 1983). · Go Syfert
United States v. Matias Montemayor De La Paz, 698 F.2d 695 (5th Cir. 1983). Cases Citing This Book View Copy Cite
21 citation events (5 in the last 25 years) across 12 distinct courts.
Strongest positive: Decuir v. United States (dc, 2022-11-23)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Decuir v. United States (2×)
D.C. · 2022 · confidence medium
United States v. Alsante, 812 F.3d 544, 548 (6th Cir. 2016) (holding that the sentencing hearing was “fundamentally fair” even though the defendant declined the court’s invitation to “make a statement in allocution”); Ward, 732 F.3d at 182 (discerning no error where the judge “personally address[ed] the defendant and offer[ed] him the opportunity to address the court before the sentence [was] pronounced”); United States v. De La Paz, 698 F.2d 695, 697 (5th Cir. 1983) (per curiam) (similar).
discussed Cited as authority (rule) United States v. Ramon
5th Cir. · 2002 · confidence medium
While a district court has not deprived a defendant of his right to allocute when it keeps him from incriminating himself at the sentencing by interrupting an inculpatory statement, United States v. De La Paz, 698 F.2d 695, 697 (5th Cir. 1983), that is not the case here.
discussed Cited as authority (rule) United States v. Jorge Valentine Ramon, Jr.
5th Cir. · 2002 · confidence medium
While a district court has not deprived a defendant of his right to allocute when it keeps him from incriminating himself at the sentencing by interrupting an inculpa-tory statement, United States v. De La Paz, 698 F.2d 695, 697 (5th Cir.1983), that is not the ease here.
discussed Cited as authority (rule) State v. Young (2×)
Utah · 1993 · confidence medium
We do not believe that this alone constitutes victim impact evidence concerning the effect of the crime on the victim's family. [120] Defense counsel moved to arrest the judgment of guilt and substitute a GAMI verdict, to arrest the sentence of death because defendant was mentally ill, and to merge the theft charge with the first degree murder charge. [121] 365 U.S. 301 , 81 S.Ct. 653 , 5 L.Ed.2d 670 (1961). [122] Federal rule 32(a) provides in pertinent part, "Before imposing sentence the court shall afford the defendant an opportunity to make a statement in his own behalf and to present any …
discussed Cited as authority (rule) Gary Stewart Boardman v. Wayne Estelle, Warden (2×)
9th Cir. · 1992 · confidence medium
See United States v. Prince, 868 F.2d 1379, 1386 (5th Cir.), cert. denied, 493 U.S. 932 , 110 S.Ct. 321 , 107 L.Ed.2d 312 (1989) (no Constitutional violation where defendant did not ask to address the court); United States v. De La Paz, 698 F.2d 695, 697 (5th Cir.1983) (citing Hill for the proposition that failure to offer the defendant the opportunity to speak is “not a fundamental defect.”) All of the cases denying Constitutional status to allocution are factually distinguishable because they do not involve the denial of an affirmative request to speak, as in the present case.
discussed Cited as authority (rule) Scharf v. United States
E.D. Va. · 1985 · confidence medium
Primarily, appellant challenges the inconsistent application of the assessment as an impermissible chilling effect on his constitutional right to allocution. 4 Notwithstanding this court’s decision that the right of allocution is not entitled to the protections afforded fundamental constitutional rights {see generally, Hill v. United States, 368 U.S. 424, 428 , 82 S.Ct. 468, 471 , 7 L.Ed.2d 417 (1962); United States v. De la Paz, 698 F.2d 695, 697 (5th Cir.1983)), arguably, there are sufficient grounds alleged which challenge the special assessment as an un *383 constitutional chilling effec…
discussed Cited "see" United States v. Israel Brito
5th Cir. · 2015 · signal: see · confidence high
The right of allocution in federal courts is a statutory one, not a constitutional one, and it is provided by Federal Rule of Criminal Procedure 32(i)(4)(A)(ii): “Before imposing sentence, the court must: ... address the defendant personally in order to permit the defendant to speak or present any information to mitigate the sentence....” Fed.R.CRImP. 32(i)(4)(A)(ii); see United States v. De La Paz, 698 F.2d 695, 697 (5th Cir.1983) (explaining the nature of the allo-cution right).
cited Cited "see" United States v. Bryan Slayton
6th Cir. · 1990 · signal: see · confidence high
See United States v. De La Paz, 698 F.2d 695 (5th Cir.1983).
cited Cited "see" United States v. Davis
S.D.N.Y. · 1989 · signal: see · confidence high
See United States v. De La Paz, 698 F.2d 695, 697 (5th Cir.1983).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Matias Montemayor DE LA PAZ, Defendant-Appellant
82-2053.
Court of Appeals for the Fifth Circuit.
Feb 2, 1983.
698 F.2d 695
Percy Foreman, Lewis Dickson, Mike De-Geurin, Houston, Tex., for defendant-appellant., John M. Potter, Asst. U.S. Atty., Houston, Tex., John P. Smith, Asst. U.S. Atty., Brownsville, Tex., James R. Gough, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.
Wisdom, Reavley, Tate.
Cited by 18 opinions  |  Published
PER CURIAM:

This case involves a defendant’s right of allocution prior to sentencing. [1] On appeal, the defendant argues that the trial court abused its discretion by refusing to postpone the sentencing of the defendant. We affirm.

The facts of the case are undisputed. The defendant pleaded guilty to two counts of receiving and possessing a firearm in violation of 18 U.S.C. § 1201(a). After he had pleaded guilty, but before sentencing, the defendant requested a continuance of the case. He gave as the reason for his request that he could not adequately exercise his right of allocation because an indictment for a “continuing criminal enterprise” [2] was pending against him, and the information he wished to offer to mitigate his sentence for the firearms violation might be used against him in the pending trial. The trial court refused to grant the continuance.

At the sentencing hearing, the defendant’s counsel again stated his concern that any exercise of his right of allocution at that time might operate to his detriment in the pending trial, for “we must go into the background of the individual”. The trial judge responded by saying that he “would not consider anything for which [the defendant] had not been convicted,” and he offered to order that statements the defendant made in allocution not be used against him. The court again refused to postpone sentencing. Counsel for the defendant instructed his client “not to answer any questions concerning his presentence investigation, concerning his life, or concerning anything he offered in evidence of mitigation.” Notwithstanding this advice, the court said, “Do you have anything to say to me, Mr. Montemayor?” The defendant replied, “No, sir.” The trial judge gave the defendant the maximum sentence on each count. On appeal the defendant makes the same argument he made in the district court. He maintains that the court’s refusal to grant a continuance forced him to give up his right of allocution in order to assert his constitutional right to remain silent; that the denial of a continuance deprived him of due process.

[*697] The thrust of the defendant’s argument is that the exercise of the right of allocution should not be subject to any countervailing influences.' The defendant has cited no cases holding that a defendant’s opportunity to speak on his own behalf must be completely unimpeded. To the contrary, decisions in this Court have held that a district court has not deprived a defendant of his right of allocution when it keeps him from incriminating himself at the sentencing hearing by interrupting an inculpatory statement. See United States v. Hartford, 5 Cir.1974, 489 F.2d 652, 656; Hopkins v. United States, 5 Cir.1970, 431 F.2d 429,430. The Supreme Court has stated that a failure to offer a defendant an opportunity to speak “is not a fundamental defect which inherently results in a complete miscarriage of justice, nor an omission inconsistent with the rudimentary demands of fair procedure.” Hill v. United States, 1962, 368 U.S. 424, 428, 82 S.Ct. 468, 471, 7 L.Ed.2d 417, 421. Thus, although a defendant has a statutory right of allocution, the right does not require the protections afforded fundamental constitutional rights, such as the fifth amendment right against self-incrimination.

The case before us does not involve a denial of an opportunity for allocution. The trial court specifically invited the defendant to make a statement in mitigation. On advice of counsel, he refused the invitation. There is no way to convert a ruling that complies with the letter and spirit of Fed.R.Crim.P. 32(a)(1) into a denial of due process. We hold that the trial court did not abuse its discretion in refusing to grant the continuance.

AFFIRMED.

1

. Fed.R.Crim.P. 32(a)(1) provides, in relevant part:

Before imposing sentence, the court shall afford counsel an opportunity to speak on behalf of the defendant and must address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of punishment.
2

. A defendant is guilty of a continuing criminal enterprise if he violates any provision of the drug abuse prevention and control laws, and that violation is part of a continuing series of drug law violations in which the defendant directs or organizes a group of five conspirators and from which he derives substantial income. 21 U.S.C. § 848(b). The minimum penalty for a continuing criminal enterprise is 10 years in prison and a life sentence is possible. 21 U.S.C. § 848(a).