Cannot Cross-Examine Defendant During Allocution

Resentencing is required for convicted fraudster because the trial court judge allowed him to be aggressively cross-examined when he exercised his right to allocate prior to being sentenced.

 

United States v. Moreno, 2016 BL 824, 3d Cir., No. 14-1568, 1/5/16

     A former real estate developer, serving time for being part of a mortgage-fraud scheme, was cross-examined aggressively while he exercised his right to allocute prior to being sentenced. Allocution is designed to give the defendant an opportunity to raise personal and mitigating circumstances in order to inform the judge and give the judge an opportunity to temper punishment with mercy when appropriate.

    The court indicated that adversarial cross-examination is contrary to the purpose of allocution. The court stated that "[e]ven if we were to conclude that the error in this case was not plain (and we do not so hold), we would nevertheless exercise our supervisory power and hold that a defendant may not be cross-examined during allocution."

http://www.bloomberglaw.com/public/desktop/document/United_States_v_Moreno_No_141568_2016_BL_824_3d_Cir_Jan_05_2016_C?1453401207