Legal Opinion
United States v. Sevilla
Court of Appeals for the Third Circuit
Decided September 4, 2008No. 07-1105PublishedCited by 57 opinions
1Opinion of the Court
OPINION OF THE COURT
AMBRO, Circuit Judge.
Where, as here, a convicted criminal defendant presents to the District Court a colorable argument for a lower sentence under 18 U.S.C. § 3553(a), and the District Court fails to address that argument, must the defendant then object in order to preserve the argument for appeal? We conclude that, under our precedent, he need not. Accordingly, we review the District Court’s omissions in this case not for plain error, but to determine whether the Court properly exercised its discretion by giving meaningful consideration to the relevant factors.
Applying…
2Cases cited26 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Gall v. United StatesSupreme Court of the United States · 2007
- Kimbrough v. United StatesSupreme Court of the United States · 2007
- United States v. Lydia CooperCourt of Appeals for the Third Circuit · 2006
- United States v. Sean Michael GrierCourt of Appeals for the Third Circuit · 2007
21 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- United States v. Mondragon-SantiagoCourt of Appeals for the Fifth Circuit · 2009
- United States v. LynnCourt of Appeals for the Fourth Circuit · 2010
- United States v. StarnesCourt of Appeals for the Third Circuit · 2009
- United States v. Jose Flores-MejiaCourt of Appeals for the Third Circuit · 2014
- United States v. MercedCourt of Appeals for the Third Circuit · 2010
52 more not listed; retrieve them via the Exa API.