United States v. Haygood - United States Court of Appeals Tenth Circuit

United States v. Haygood

By United States Court of Appeals Tenth Circuit

  • Release Date: 2008-12-15
  • Genre: Law

Description

Rhamel Haygood pled guilty to four counts relating to his possession of marijuana and firearms that the police found in his home during the execution of a search warrant. At his sentencing hearing four and a half months later, he attempted to withdraw his guilty plea. The district court denied that request and sentenced him to 66 months of imprisonment. Haygood now appeals his conviction and his sentence. He argues that the district court erred in refusing to allow him to withdraw his plea of guilty, and that his sentence should be vacated because the district court did not provide him with an opportunity to exercise his right of allocution at his sentencing hearing. For the reasons set forth below, we AFFIRM Haygoods conviction, but VACATE his sentence and REMAND the case for resentencing.