Interesting allocution decision from the Ninth Circuit

The Ninth Circuit today in US v. Biagon, No. 06-10479 (9th Cir. Dec. 17, 2007) (available here), has an interesting little opinion on allocution rights.  Here is how it begins:

In this appeal, we consider whether the district court violated the defendant’s right of allocution when it denied a motion to close the courtroom for sentencing.  We conclude that the defendant’s rights were not violated, and affirm the judgment of the district court.

Judge Kleinfeld concurs in a separate opinion to express concerns about what the majority says and ends his opinion in this way:

We ought not use this case as a vehicle to develop a new rule unnecessary to a decision that may sacrifice other important public interests to the interest in press access.