January 28, 2010
Fourth Circuit adopts plain-error review for unpreserved error of inadequate explanationJoining most other circuit that have considered the question, the Fourth Circuit today in US v. Lyon, No. 08-5125 (4th Cir. Jan. 27, 2010) (available here), has formally adopted plain-error review for unpreserved procedural explanation errors after Booker. Here is how the Lynn opinion starts:
In each of these cases, an appellant contends that the sentencing court committed reversible procedural error by failing to consider the required sentencing factors and offer an adequate explanation for the sentence imposed. When a party lodges such an objection in the sentencing court, we review for abuse of discretion. We consolidated these cases on appeal to resolve what standard of appellate review applies when a party lodges such an objection for the first time on appeal. For the reasons that follow, we conclude that we subject such unpreserved objections only to plain-error review.
January 28, 2010 at 05:56 PM | Permalink
TrackBack URL for this entry:
Listed below are links to weblogs that reference Fourth Circuit adopts plain-error review for unpreserved error of inadequate explanation:
Oh My gosh.. another few ones for sentencing treatment!!
Posted by: buy generic viagra | Aug 3, 2010 5:08:08 AM
It is the post which i like mostHey I read your articles every day and I am a great follower, but never struck in my mind that you be praised for your hard work. Here’s a token for your efficiency and the hard work you put in your articles. I just love to read it.
Posted by: Generic Viagra | Feb 14, 2011 1:23:34 AM
Hi I am 24 years old and a student of Electronics and telecommunication Engineering. I am very much happy to visit your site. It is very informative site for me. I like your valuable post and also the site.
Posted by: San Luis Rey Churchills | Jul 30, 2012 9:59:11 AM
Thank you very much for the post about Fourth Circuit adopts plain-error review for unpreserved error of inadequate explanation.It is useful for me.
Posted by: datadrive.biz | Nov 18, 2012 3:20:39 AM
Thank you very much for the explanation.
Posted by: magazine | Jul 28, 2013 12:48:23 AM