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Name: U.S. v. Biagon
Case #: 06-10479
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/17/2007

Although a defendant has a right to allocution (the right to personally address the sentencing court as to mitigation), the right is not unlimited. In this case, appellant cooperated with the government’s investigation and prosecution of a conspiracy and received sentencing lenity. At the sentencing hearing, the court denied appellant’s request to close the courtroom but gave appellant the opportunity to address the court, which he did. The appellate court found that there was no denial of appellant’s right to allocution as he was provided the opportunity to address the court and the court received his sentencing memorandum, which it then sealed. Additionally, appellant failed to provide advance notice of the request for a closed hearing as is required under federal sentencing proceedings.