No Booker Error Where Defendant Made Virtually No Sentencing Argument

US v. Jones, 2005 WL 2563061 (Oct. 13, 2005).
No plain error for non-constitutional Booker error (applying guidelines in mandatory fashion). The 10th once again refused defendant's argument based on the 4th prong of the plain error test (defendant could not show an error that seriously affected the fairness, integrity, or public reputation of judicial proceedings). There was nothing to show that the judge would not impose the same sentence on remand.

TRIAL PRACTICE NOTE: One thing the 10th noted in support of its rejection of Defendant's argument was that he “made no objection at sentencing to the presentence report, he disputed no facts, he presented no mitigating evidence, and he did not argue for a downward departure. His only request, which the district judge granted, was that his sentence run concurrently with the remaining two months of a state sentence he was serving”.