U.S. v. Bowyer

Defendant pleaded guilty to the crime of re-entering the United States without permission after previously being removed. On appeal, defendant argued that the district court judge’s interruption of defendant during the sentencing hearing was a violation of defendant’s right to make his own statement. Defendant conceded that he did not object at trial and that the appeal should proceed under a plain-error standard. The Seventh Circuit affirmed, finding that defendant did not meet the plain-error test for reversal, explaining that defendant did not establish what he would have argued or spoken to during his allocution or how those arguments would have led to a lower sentence. (EASTERBROOK, concurring and JACKSON-AKIWUMI, dissenting)