United States v. Robert Phillips, 936 F.2d 1252 (11th Cir. 1991). · Go Syfert
United States v. Robert Phillips, 936 F.2d 1252 (11th Cir. 1991). Cases Citing This Book View Copy Cite
45 citation events (24 in the last 25 years) across 11 distinct courts.
Strongest positive: United States v. Charles Danny Harris (ca11, 2004-07-15)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Charles Danny Harris (3×) also: Cited as authority (rule), Cited "see"
11th Cir. · 2004 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the entire time from the filing of the motion to the conclusion of the hearing is excludable, even when the hearing is deferred until trial.
discussed Cited as authority (rule) United States v. Chalmer Detling, II
11th Cir. · 2023 · confidence medium
The “entire time from the filing of the motion to the conclusion of the hearing is excludable, even when the hearing is deferred until trial.” United States v. Phillips, 936 F.2d 1252, 1254 (11th Cir. 1991).
discussed Cited as authority (rule) United States v. Chalmer Detling, II
11th Cir. · 2023 · confidence medium
The “entire time from the filing of the motion to the conclusion of the hearing is excludable, even when the hearing is deferred until trial.” United States v. Phillips, 936 F.2d 1252, 1254 (11th Cir. 1991).
discussed Cited as authority (rule) United States v. Mulgado-Patida
10th Cir. · 2010 · confidence medium
Other circuits have decided that motions for James hearings are motions “necessitating hearings,” and “[a]s such, the entire time from the filing of the motion to the conclusion of the hearing is excludable, even when the hearing is deferred until trial.” United States v. Phillips, 936 F.2d 1252, 1254 (11th Cir.1991); see United States v. Grosz, 76 F.3d 1318 , 1324 n. 3 (5th Cir.1996) (“pending James motions do toll the speedy trial clock when they are heard and ruled upon at trial”).
discussed Cited as authority (rule) United States v. Carruth
11th Cir. · 2008 · confidence medium
United States v. Phillips, 936 F.2d 1252, 1255 (11th Cir.1991); Prouty, 303 F.3d at 1251 ; see also Black's Law Dictionary 83 (8th ed.) (Allocution is "[a] trial judge's formal address to a convicted defendant, asking him or her to speak in mitigation of the sentence to be imposed.”). 3 .In Frazier , as in this case, "[t]he record [was] clear that prior to sentencing the district court did not provide Frazier with an opportunity to personally address the court.” 283 F.3d at 1244 (emphasis added). 4 .
discussed Cited as authority (rule) State v. Schaefer
Haw. App. · 2008 · confidence medium
See United States v. Buckley, 847 F.2d 991, 1002 (1st Cir.1988); United States v. Adams, 252 F.3d 276, 279 (3d Cir.2001); United States v. Miller, 849 F.2d 896, 897 (4th Cir.1988); United States v. Riascos-Suarez, 73 F.3d 616, 627 (6th Cir.1996); United States v. Thomas, 875 F.2d 559, 561 (6th Cir.1989); United States v. Van Drunen, 501 F.2d 1393, 1399 (7th Cir.1974); United States v. Walker, 896 F.2d 295, 300-01 (8th Cir.1990); United States v. Medrano, 5 F.3d 1214, 1219 (9th Cir.1993); United States v. Phillips, 936 F.2d 1252, 1255-56 (11th Cir.1991).
cited Cited as authority (rule) Gordon v. United States
11th Cir. · 2008 · confidence medium
United States v. Phillips, 936 F.2d 1252, 1255-56 (11th Cir.1991); see also United States v. Taylor, 11 F.3d 149, 152 (11th Cir.1994).
cited Cited as authority (rule) Gordon v. United States
11th Cir. · 2007 · confidence medium
United States v. Phillips, 936 F.2d 1252, 1255-56 (11th Cir.1991); see also United States v. Taylor, 11 F.3d 149, 152 (11th Cir.1994).
discussed Cited as authority (rule) United States v. Ronald Bibergall
11th Cir. · 2006 · confidence medium
As he pled guilty, Bibergall affirmed to the court that he was aware of the mandatory minimum sentence of 10 years and that he discussed 1 Under the previous version of Rule 32(i)(1)(A), this Court held “the district court need not ask the defendant or counsel if they have reviewed the report so long as the defendant’s objections to the report indicate that he has seen it.” United States v. Phillips, 936 F.2d 1252, 1255 (11th Cir. 1991).
discussed Cited as authority (rule) United States v. Degenhardt
D. Utah · 2005 · confidence medium
See United States v. Mun-iz, 1 F.3d 1018, 1025 (10th Cir.1993), cert. denied, 510 U.S. 1002 , 114 S.Ct. 575 , 126 L.Ed.2d 474 (1993); United States v. Maldonado, 996 F.2d 598, 599 (2d Cir.1993); United States v. Barnes, 948 F.2d 325, 332 (7th Cir.1991); United States v. Phillips, 936 F.2d 1252, 1256 (11th Cir.1991); United States v. Walker, 896 F.2d 295, 301 (8th Cir. 1990); United States v. Thomas, 875 F.2d 559, 561 (6th Cir. 1989), cert. denied, 493 U.S. 867 , 110 S.Ct. 189 , 107 L.Ed.2d 144 (1989); United States v. Posner, 868 F.2d 720, 724 (5th Cir. 1989); United States v. Buckley, 847 F.2…
discussed Cited as authority (rule) United States v. Dengenhardt
D. Utah · 2005 · confidence medium
See United States v. Muniz, 1 F.3d 1018, 1025 (10th Cir.1993), cert. denied, 510 U.S. 1002 , 114 S.Ct. 575 , 126 L.Ed.2d 474 (1993); United States v. Maldonado, 996 F.2d 598, 599 (2d Cir.1993); United States v. Barnes, 948 F.2d 325, 332 (7th Cir.1991); United States v. Phillips, 936 F.2d 1252, 1256 (11th Cir.1991); United States v. Walker, 896 F.2d 295, 301 (8th Cir.1990); United States v. Thomas, 875 F.2d 559, 561 (6th Cir.1989), cert. denied, 493 U.S. 867 , 110 S.Ct. 189 , 107 L.Ed.2d 144 (1989); United States v. Posner, 868 F.2d 720, 724 (5th Cir. 1989); United States v. Buckley, 847 F.2d 9…
discussed Cited as authority (rule) United States v. Jernigan (2×)
11th Cir. · 2003 · confidence medium
See 18 U.S.C. § 3161 (h)(1)(F); United States v. Phillips, 936 F.2d 1252, 1254 (11th Cir.1991) ("Motions necessitating hearings, such as suppression hearings... are governed by section 3161(h)(1)(F).
discussed Cited as authority (rule) State v. Keathly
Tenn. Crim. App. · 2003 · confidence medium
To achieve functional equivalency (or, put another way, substantial compliance with the imperative of Rule 32(a)(1)(C)), it is not enough that the sentencing court addresses a defendant on a particular issue, see, e.g., United States v. Walker, 896 F.2d 295, 300-01 (8th Cir.1990), affords counsel the opportunity to speak, see, e.g., United States v. Posner, 868 F.2d 720, 724 (5th Cir.1989), or hears the defendant’s specific objections to the presentence report, see, e.g., United States v. Phillips, 936 F.2d 1252, 1255-56 (11th Cir.1991).
examined Cited as authority (rule) United States v. Goodman (4×) also: Cited "see, e.g."
M.D. Ga. · 1999 · confidence medium
U.S. v. Phillips, 936 F.2d 1252, 1254 (11th Cir.1991).
discussed Cited as authority (rule) United States v. Rodriguez-Velasquez
11th Cir. · 1998 · confidence medium
United States v. Phillips, 936 F.2d 1252, 1255-56 (11th Cir. 1991) (rejecting the government’s argument that addressing the defendant’s counsel was sufficient); United States v. Taylor, 11 F.3d 149, 152 (11th Cir. 1994) (holding that in “proceedings that impose a new sentence after vacation of the original sentence . . . the defendant has a right to be present and allocute”); see also United States v. Medina, 90 F.3d 459 , 465 n.8 (11th Cir. 1996) (explaining in a footnote unessential to its holding that “[f]ailing to address a defendant personally or failing to give a defendant the …
discussed Cited as authority (rule) United States v. McHugh (2×) also: Cited "see"
N.D. Ga. · 1997 · confidence medium
United States v. Mendoza-Cecelia, 963 F.2d 1467, 1476 (11th Cir.), cert. denied, 506 U.S. 964 , 113 S.Ct. 436 , 121 L.Ed.2d 356 (1992); United States v. Phillips, 936 F.2d 1252, 1254 (11th Cir.1991) (“the entire time from the filing of the motion to the conclusion of the hearing is excludable, even when the hearing is deferred until trial”).
discussed Cited as authority (rule) United States v. Gonzalo De Jesus Tamayo
11th Cir. · 1996 · confidence medium
United States v. Phillips, 936 F.2d 1252, 1256 (11th Cir.1991); see United States v. Rogers, 848 F.2d 166, 169 (11th Cir.1988) (per curiam) (holding that a resentencing hearing may be limited to allocution only, when allocution did not occur at initial sentencing).
discussed Cited as authority (rule) United States v. Beard (2×) also: Cited "see"
11th Cir. · 1995 · confidence medium
Thus, “the entire time from the filing of the [ James ] motion to the conclusion of the hearing is excludable, even [though] the hearing [was] deferred until trial.” United States v. Phillips, 936 F.2d 1252, 1254 (11th Cir.1991); see also United States v. Mendoza-Cecelia, 963 F.2d 1467, 1476 (11th Cir.), cert. denied, — U.S. —, 113 S.Ct. 436 , 121 L.Ed.2d 356 (1992). 6 Because the trial judge had yet to hold a James hearing when Beard pleaded guilty, the computation of time for the purposes of the Speedy Trial Act remained tolled.
cited Cited as authority (rule) United States v. Bermea
5th Cir. · 1994 · confidence medium
United States v. Phillips, 936 F.2d 1252, 1254 (11th Cir.1991); United States v. Garcia, 778 F.2d 1558, 1562 (11th Cir.), cert. denied, 477 U.S. 906 , 106 S.Ct. 3279 , 91 L.Ed.2d 568 (1986).
discussed Cited as authority (rule) United States v. De Alba Pagan
1st Cir. · 1994 · confidence medium
To achieve functional equivalency (or, put another way, substantial compliance with the imperative of Rule 32(a)(1)(C)), it is not enough that the sentencing court addresses a defendant on a particular issue, see, e.g., United States v. Walker, 896 F.2d 295, 300-01 (8th Cir.1990), affords counsel the opportunity to speak, see, e.g., United States v. Posner, 868 F.2d 720, 724 (5th Cir.1989), or hears the defendant’s specific objections to the presentence report, see, e.g., United States v. Phillips, 936 F.2d 1252, 1255-56 (11th Cir.1991).
cited Cited as authority (rule) United States v. Bermea
5th Cir. · 1994 · confidence medium
United States v. Phillips, 936 F.2d 1252, 1254 (11th Cir.1991); United States v. Garcia, 778 F.2d 1558, 1562 (11th Cir.), cert. denied, 477 U.S. 906 , 106 S.Ct. 3279 , 91 L.Ed.2d 568 (1986).
discussed Cited as authority (rule) United States v. William Jay Cole (2×)
4th Cir. · 1994 · confidence medium
Moreover, the court appeared to discourage Cole from speaking--"Ask your counsel before you say anything"--and his counsel, though not certain what his client wanted to say, answered for him. "[T]rial judges should leave no room for doubt that the defendant has been issued a personal invitation to speak prior to sentencing." Green, 365 U.S. at 304-05 , 81 S.Ct. at 655-56 ; see United States v. Miller, 849 F.2d 896 (4th Cir.1988); United States v. Phillips, 936 F.2d 1252, 1256 (11th Cir.1991) (collecting cases).
discussed Cited as authority (rule) United States v. William Reid Morris, United States of America v. William Bryson Morton
4th Cir. · 1993 · confidence medium
"As to [the requirement that the court determine that defendant and counsel have read and discussed the presentence report, the Eleventh Circuit] has stated that the district court need not ask the defendant or counsel if they have reviewed the report so long as the defendant's objections to the report indicate that he has seen it." United States v. Phillips, 936 F.2d 1252, 1255 (11th Cir. 1991).
cited Cited "see" United States v. Mark Anthony Dacres, Jr.
11th Cir. · 2015 · signal: see · confidence high
See United States v. Phillips, 936 F.2d 1252, 1255 (11th Cir.1991). *401 Dacres has not established that the district court plainly erred by violating Rule 32..
discussed Cited "see" United States v. Demis Ulises Mokay-Fong
11th Cir. · 2015 · signal: see · confidence high
See United States v. Phillips, 936 F.2d 1252, 1255 (11th Cir.1991) (holding counsel’s objections to the PSI, together with his assertion the defendant viewed the PSI, was sufficient to meet the requirements of the prior version of Rule 32(i)(l)(A)).
cited Cited "see" United States v. Gaona-Ibarrola
11th Cir. · 2011 · signal: see · confidence high
See United States v. Phillips, 936 F.2d 1252, 1255 (11th Cir. 1991); United States v. Aleman, 832 F.2d 142 , 144 n. 6 (11th Cir. 1987). 4 .
cited Cited "see" United States v. Donald Frank Smith
11th Cir. · 2009 · signal: see · confidence high
See United States v. Phillips, 936 F.2d 1252, 1254 (11th Cir.1991).
discussed Cited "see" United States v. Rodriguez-Velasquez
11th Cir. · 1998 · signal: see · confidence high
See United States v. Phillips, 936 F.2d 1252, 1255-56 (11th Cir.1991) (rejecting the government’s argument that addressing the defendant’s counsel was sufficient); United States v. Taylor, 11 F.3d 149, 152 (11th Cir.1994) (holding that in “proceedings that impose a new sentence after vacation of the original sentence ... the defendant has a right to be present and allocute”); see also United States v. Medina, 90 F.3d 459, 465 n. 8 (11th Cir.1996) (explaining in a footnote unessential to its holding that “[flailing to address a defendant personally or failing to give a defendant the o…
cited Cited "see" United States v. Phillips
11th Cir. · 1997 · signal: see · confidence high
See United States v. Phillips, 936 F.2d 1252 (11th Cir.1991).
cited Cited "see" United States v. Manuel Abraham Casteneda Medina, Ismael Ramirez Fajardo, Domingo Rafael Ortiz Cotoa, Miguel Martinez-Rios, Francisco Sanchez Martinez
11th Cir. · 1996 · signal: see · confidence high
See United States v. Phillips, 936 F.2d 1252, 1256 (11th Cir.1991); United States v. Taylor, 11 F.3d 149, 151-52 (11th Cir.1994).
discussed Cited "see, e.g." United States v. E. Goodman Obot
11th Cir. · 2010 · signal: see also · confidence medium
Id. at 847 ; United States v. Eads, 480 F.2d 131, 133 (5th Cir.1973) (per curiam) (holding that, in a revocation hearing, “sentences imposed upon those convictions are vacated and the cause remanded to the district court for resentencing after affording the appellant his right to allocute”); see also United States v. Phillips, 936 F.2d 1252, 1256 (11th Cir.1991).
cited Cited "see, e.g." United States v. Michael Anthony Adams
3rd Cir. · 2001 · signal: see also · confidence medium
See Fed.R.Crim.P. 32 advisory committee’s note to 1966 Amendment; see also United States v. Phillips, 936 F.2d 1252, 1255-56 (11th Cir.1991) (discussing the development of Rule 32).
cited Cited "see, e.g." United States v. Adams
3rd Cir. · 2001 · signal: see also · confidence medium
P . 32 advisory committee's note to 1966 Amendment; see also United States v. Phillips, 936 F.2d 1252, 1255-56 (11th Cir. 1991) (discussing the development of Rule 32).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Robert PHILLIPS, Defendant-Appellant
90-8271.
Court of Appeals for the Eleventh Circuit.
Jul 30, 1991.
936 F.2d 1252
1991 U.S. App. LEXIS 16651
1991 WL 126434
Victoria D. Little, Decatur, Ga., for defendant-appellant., Robert L. Barr, Jr., U.S. Atty., James T. Martin, Amy D. Levin, Asst. U.S. Attys., Atlanta, Ga., for plaintiff-appellee.
Kravitch, Edmondson, Godbold.
Cited by 35 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 74%
Citer courts: First Circuit (1)
KRAVITCH, Circuit Judge:

Appellant Robert Phillips challenges his convictions and sentence on various counts of violations of the narcotics and firearms laws. Although we hold that there is no merit to Phillips’s appeal of his convictions, we remand for resentencing due to error regarding Rule 32 of the Federal Rules of Criminal Procedure.

I

Phillips was involved in a series of drug transactions with his codefendant Michael Alexander (not a party on appeal), Georgia Bureau of Investigation undercover agent Mays, and an informant. On November 29, 1988, Alexander and Phillips sold three ounces of cocaine to Agent Mays and the informant. The parties met again on December 1 in order for Phillips to sell one kilogram of cocaine. When negotiations[*1254] for the sale went awry, government agents arrested Phillips and Alexander. A search of the rental ear in which the defendants had arrived revealed 1.3 kilograms of cocaine and a bag containing both a loaded revolver and Phillips’s wallet.

Following appellant’s arrest, [1] the police entered Phillips’s home to secure the premises. The police conducted a security sweep of the house during which they asked Phillips’s wife, Diana, who was present at the time, whether there were any firearms in the house. Mrs. Phillips stated that there were some in the hall closet. An agent stated that he wanted to retrieve them and Mrs. Phillips responded that she had no objections. Shortly thereafter the agents obtained a search warrant, completed a search of the house, and found heroin and drug paraphernalia. A police agent then spoke with Phillips at the hospital, informed him that they had found the heroin and that his wife was a suspect. Phillips claimed possession of the drugs and stated that his wife had not been involved with any drugs.

Phillips was indicted on December 20, 1988, and tried on October 24, 1989. At a bench trial, the judge found him guilty of eleven counts, including possession of controlled substances and possession of firearms. Phillips was sentenced to 420 months in prison and fined $50,000. His offense level was set at 86, calculated based on the level for fifty to one hundred kilograms of cocaine. The judge relied on information received both at trial and at the sentencing hearing. Phillips’s criminal history level was set at VI because of two prior convictions. The court also added points for Phillips’s leadership role and for obstruction of justice. He was sentenced to 360 months based on the guidelines, and 60 additional months based on the mandatory sentence for a violation of 18 U.S.C. § 924(c). The court did not ask Phillips to make a statement on his own behalf at sentencing.

II

Phillips presents several issues on appeal relevant to his trial. First he contends that the Speedy Trial Act, 18 U.S.C. § 3161, et seq., was violated because more than seventy days passed between the indictment and trial, and not all of the days over seventy were excludable. Specifically he claims that his codefendant’s motions [2] of January 1989 should have had a thirty-day limit for excludability, and that the judge, who deferred ruling on the motion to suppress and the motion for a James [3] hearing until trial, improperly excluded all the days until trial.

Appellant incorrectly argues that the thirty-day limit on excludability of section 3161(h)(l)(J) applies. That limitation arises when a motion which does not require a hearing is before the court. Motions necessitating hearings, such as suppression hearings and James hearings, are governed by section 3161(h)(1)(F). As such, the entire time from the filing of the motion to the conclusion of the hearing is excludable, even when the hearing is deferred until trial. United States v. Garcia, 778 F.2d 1558, 1562 (11th Cir.1986) {James hearing); United States v. Mastrangelo, 733 F.2d 793, 796 (11th Cir.1984) (suppression hearing). Because this time was properly excluded, there was no violation of the Speedy Trial Act.

Appellant next contends that the evidence at trial was insufficient to convict him of possession of the contraband found in his home. [4] Phillips relies primarily on the allegedly duplicitous position of the government, which argued at the suppression hearing that Phillips did not have[*1255] standing to challenge the home search but then argued at trial that Phillips possessed the items in the home. Such alternate arguments by the government are not relevant, however, to our determination of the sufficiency of the evidence at trial. The evidence showed that the address listed on Phillips’s driver’s license was the same as the searched house, that he had access to the house, and that he had slept there the night prior to the arrest. There was also testimony from the agent who had interviewed Phillips at the hospital that Phillips had claimed possession of the heroin found in the house. Although he did not claim possession of the firearms, the weapons were found in a house to which he had access, which he listed as his address, and in which he kept drugs. This evidence was clearly sufficient to support his conviction on the counts relating to the contraband found in the house.

The evidence also was sufficient to support Phillips’s conviction for possession of a firearm while engaged in drug trafficking, in violation of 18 U.S.C. § 924(c). The gun was found in a bag in the rental car which he drove to the drug transaction, and inside the bag, next to the gun, was his wallet. This evidence was sufficient to support the judge’s finding that Phillips had knowledge of the gun sufficient for the conviction. See United States v. Machado, 804 F.2d 1537, 1547 (11th Cir.1986).

Ill

Phillips also appeals various aspects of his sentencing hearing, foremost among which is his claim that the district court erred in not asking him to comment about the sentencing prior to the sentence and in not ensuring that Phillips had seen his pre-sentence report. Rule 32 of the Federal Rules of Criminal Procedure requires that the court:

(A) determine that the defendant and defendant’s counsel have had the opportunity to read and discuss the presentence investigation report ...
(B) afford counsel for the defendant an opportunity to speak on behalf of defendant; and
(C) address the defendant personally and determine if the defendant wishes to make a statement and to present any information in mitigation of the sentence.

Fed.R.Crim.P. 32(a)(l)(A)-(C). As to subsection (A), this circuit has stated that the district court need not ask the defendant or counsel if they have reviewed the report so long as the defendant’s objections to the report indicate that he has seen it. United States v. Aleman, 832 F.2d 142, 144 n. 6 (11th Cir.1987). At sentencing Phillips’s counsel did present objections to the report and stated that the defendant had seen the report, and this was sufficient to meet the requirement of subsection (A) and Aleman.

Unlike subsection (A), however, subsection (C) explicitly requires that the court “address the defendant personally” to ascertain if the defendant has any statement regarding the sentence. The government concedes that the court did not address Phillips in this manner. The government argues that the explicit statement was not necessary, however, because the defendant presented objections to the report and presented evidence in mitigation of his sentence.

The Supreme Court addressed this issue in 1961 with respect to an earlier version of the rule, [5] holding that courts should adhere strictly to the language of the rule. Green v. United States, 365 U.S. 301, 304-05, 81 S.Ct. 653, 655, 5 L.Ed.2d 670 (1961). The Court recognized the value of the defendant’s right to allocution, and to avoid any ambiguity in reviewing this aspect of sentencing, the Court stated:

Trial judges before sentencing should, as a matter of good judicial administration, unambiguously address themselves to the defendant. Hereafter trial judges should leave no room for doubt that the defendant has been issued a personal invitation to speak prior to sentencing.

[*1256] Id. at 305, 81 S.Ct. at 655. The Court also rejected a contention similar to the government’s in this case that merely permitting counsel to speak satisfied the Rule. Id. at 304, 81 S.Ct. at 655. As a result of Green, the Rule was amended in 1966 to include the direction that the court “address the defendant personally and ask him if he wishes to make a statement.” Fed.R. Crim.P. 32, Advisory Committee’s notes to 1966 amendment, reprinted in 18 U.S.C.A. Rule 32 at 12 (1976) (emphasis added).

In spite of this clear direction from the Supreme Court and the drafters of the Rule, a panel of the former Fifth Circuit appeared to state the contrary in a footnote. United States v. Scallion, 533 F.2d 903, 920 n. 20 (5th Cir.1976). It is not clear from the Scallion panel’s brief discussion of the issue whether the sentencing court addressed the defendant, nor is it clear whether the panel actually was holding that the Rule 32 requirement may be overcome in some circumstances. The discussion is simply too scant for us to conclude that the case provides precedent contrary to the Rule and Green.

Other circuits have concluded, based on extensive analysis of the issue, that the Rule and the Supreme Court mean what they say: the sentencing court must address the defendant personally. United States v. Walker, 896 F.2d 295, 300-01 (8th Cir.1990); United States v. Thomas, 875 F.2d 559, 561 (6th Cir.1989); United States v. Miller, 849 F.2d 896, 897 (4th Cir.1988); United States v. Buckley, 847 F.2d 991, 1002 (1st Cir.1988); United States v. Van Drunen, 501 F.2d 1393, 1399 (7th Cir.1974). Also, the Fifth Circuit, despite the ambiguity in Scallion, since has held that the defendant must be addressed personally. United States v. Posner, 868 F.2d 720, 724 (5th Cir.1989). See also United States v. Aleman, 832 F.2d 142, 144 (11th Cir.1987) (holding that Rule 32(a)(1)(A) does not require that the court address the defendant personally regarding the presentence report, but noting that subsection (C) does require the personal statement regarding the general sentence). In our view these circuits correctly read both Rule 32(a)(1)(C) and Green to allow no room for the sentencing court’s failure to address the defendant personally. Given the clarity of the Supreme Court’s opinion in Green and the Rule itself, we agree with the Fifth and other circuits that Rule 32(a)(1)(C) demands that the sentencing court, prior to sentencing, address the defendant personally regarding statements about his sentence. Failure to do so requires remand for resen-tencing. United States v. Walker, 896 F.2d 295, 300-01 (8th Cir.1990); United Stokes v. Posner, 868 F.2d 720, 724 (5th Cir.1989).

In this case it is undisputed that the sentencing court did not address Phillips personally as required by Rule 32(a)(1)(C). We must therefore remand so that Phillips may exercise his right to allocution as protected by that Rule. [6]

AFFIRMED in part and REMANDED in part.

1

. Phillips was taken to a hospital apparently because of some injuries received during his arrest, and he was in the hospital at the time of the search of his house.

2

. Motions filed by a codefendant trigger excludable time for all defendants. United States v. Martinez, 749 F.2d 623, 624 (11th Cir.1984).

3

. United States v. James, 590 F.2d 575 (5th Cir.1979) (en banc). *

*

The Eleventh Circuit, in the en banc decision Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981), adopted as precedent decisions of the former Fifth Circuit rendered prior to October 1, 1981.

4

.When reviewing the sufficiency of the evidence, we view the evidence in the light most favorable to the government and determine if the jury could have found guilt beyond a reason[*1255] able doubt. United States v. Catchings, 922 F.2d 777, 781 (11th Cir.1991).

5

. Rule 32(a) at that time stated: "Before imposing sentence the court shall afford the defendant an opportunity to make a statement in his own behalf and to present any information in mitigation of punishment.” See Green v. United States, 365 U.S. 301, 302 n. 1, 81 S.Ct. 653, 654, 5 L.Ed.2d 670 (1961).

6

. Phillips also appeals specific evidence raised at the sentencing hearing and various judgments made by the court at the hearing. Upon resen-tencing he will have the opportunity to raise these arguments in the manner consistent with Fed.R.Crim.P. 32(a). We therefore do not address these arguments on this appeal.