Wednesday, February 26, 2014

Enhancement Issue Waived

U.S. v. Johnson, 2014 WL 351466 (2/3/14) (Ut.) (unpub'd) - Because Mr. Johnson did not object to the enhancement for distribution of child porn he effectively waived the issue for appeal because it was a factual issue that can't be resolved through plain error review. This determination did not violate Mr. Johnson's Sixth Amendment right to trial because the guidelines are advisory and, because of a downward variance, his actual sentence did not exceed the maximum sentence authorized by the facts established in the guilty plea during which distribution was not mentioned.