Friday, October 05, 2007

Date of Docket Entry Starts Time for Filing NOA, But Failure to Object to PSR Invites Any Error Re: Reasonableness of Sentence

U.S. v. Mancera-Perez, -- F.3d --, 2007 WL 2823479 (10th Cir. 10/1/07) - appeal filed 33 days after district court judgment was filed was timely because the judgment was only entered on the court's docket 3 days before the notice of appeal was filed. Mr. Mancera-Perez pled to re-entry and got a 16-level increase based on a state statutory rape conviction. He filed no objections to the PSR and at sentencing, his lawyer agreed that the 46-month sentence imposed was appropriate. The court concludes that he thus invited and waived any sentencing error there was re: the reasonableness of his sentence.