In U.S. v. Stevenson, No. 05-14504 (Jan. 17, 2006) (unpublished), the Court held that a district court erred in not granting a defendant a resentencing hearing, and an opportunity to allocute, following a remand for resentencing based on Booker error.
The Court stated: "although Stevenson’s guideline range was correctly calculated, the district court must still hold a hearing to consult the factors in 18 U.S.C. sec. 3553(a) as now required by Booker under an advisory guidelines system."
