Right to speak at sentencing
David Wayne DePape v. United States
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- David Wayne DePape asks the Supreme Court to decide whether a federal judge may reopen an announced sentence over DePape’s objection to give him a chance to speak after he was not given that opportunity before sentencing.
- What's at stake
- The unresolved question is whether DePape may receive a new sentencing proceeding over his objection after he was not given a chance to speak before sentencing.
Summary: written with AI from the case record.
What it's about
His petition asks whether Rule 35(a), which allows certain sentence corrections, permits a new sentencing proceeding for that reason.
Federal Rule of Criminal Procedure 32 requires a judge to let a defendant speak before sentencing; Rule 35(a) allows certain sentence corrections within 14 days.
Question presented
Whether Rule 35(a) authorizes a district court to vacate an otherwise lawful sentence it has announced and to conduct a new discretionary sentencing proceeding, over the defendant’s objection, to cure its failure to afford the defendant an opportunity to allocute under Rule 32(i)(4)(A)(ii).
What happens next
The next step is for the Supreme Court to decide whether to hear the petition. No oral argument or decision date is scheduled.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Court Order added: Lower Court Orders/Opinions
Sources
Primary materials from the Court and the parties. Grounded in docket records and cited sources. Official filings and opinions remain authoritative.