Tuesday, November 04, 2008

Tenth Hints That Sentencing Challenges Must Address Both Procedural, Substantive Prongs

U.S. v. Romero-Resendez, 07-2176& 07-2177 (10/31/08) (unpub'd) - The 10th implies it will not find a defendant's substantial rights have been affected under the plain error reversal standard if the defendant has only challenged the sentence's procedural reasonableness and not its substantive reasonableness.