Wednesday, August 01, 2007

Object, Object, and Object Again

U.S. v. Carrasco-Salazar, -- F.3d --, 2007 WL 2171359 (10th Cir. 7/30/07) - Mr. Carrasco is precluded from appealing the 16-level enhancement of his re-entry sentence because he waived the argument when his counsel indicated to the district court that the objection to the enhancement had been resolved. An argument that is intentionally waived is not reviewable at all, whereas an argument that is forfeited through neglect is subject to review for plain error.

U.S. v. Chavez-Calderon, -- F.3d --, 2007 WL 2171363 (10th Cir. 7/30/07) - contention that district court did not adequately explain reasons for the sentence imposed is reviewed for plain error because there was no objection at sentencing to the inadequacy of the court's explanation. The district court properly considered unobjected-to PSR facts re: domestic violence acts, some of which did not result in criminal charges.