Interesting little opinion on the right to allocute

I just noticed an interesting little opinion on the right to allocute at sentencing from the Fifth Circuit.  In US v. Magwood, No. 05-20352 (5th Cir. Apr. 10, 2006) (available here), a panel holds that the defendant’s right to allocute was violated.  However, the panel goes on to find that there was “no miscarriage of justice” and thus, reviewing for plain error, the court declines “to exercise our discretion to correct the district court’s error.”