DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
102153P.pdf 05/27/2011 United States v. Sean Lewis
U.S. Court of Appeals Case No: 10-2153
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Gruender, Author, with Bye and Colloton, Circuit Judge]
Criminal case - Sentencing. The district court erred in conducting a Rule
35(b) hearing in defendant's absence as the plain language of the plea
agreement guaranteed defendant a right to participate in the hearing; this
error affected defendant's substantial rights and constituted plain error;
case remanded for a new Rule 35(b) hearing. Judge Colloton, dissenting.