Usav.Anthony Eugene Doyle
Anthony Doyle pleaded guilty to possessing cocaine base with intent to distribute and received a sentence at the low end of the advisory sentencing-guidelines range. At the original sentencing hearing, the district court asked counsel for argument but did not personally give Doyle an opportunity to speak before sentence was imposed. After a later collateral proceeding restored Doyle’s opportunity for a belated direct appeal, the Eleventh Circuit considered whether the pre-Booker low-end exception to presumed prejudice still applied under advisory guidelines. The court held that the exception did not apply. The denial of allocution affected Doyle’s substantial rights, and the error seriously affected the fairness and integrity of the proceeding. The court vacated the sentence and remanded for resentencing with two limits: Doyle must be allowed to speak, but he may not reopen all earlier sentencing objections. The court also permitted consideration of post-sentencing rehabilitation as allowed by governing precedent.
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