United States v. Mark Albritton

I write separately because I believe Albritton’s departure request, made for the first time on appeal, is not reviewable. We have never held, nor should we, that a defendant who does not even make a departure request at. sentencing is entitled to plain error review.

Congress has granted appellate courts a “narrow scope of review,” Williams v. United States, 503 U.S. 193, 199, 112 S.Ct. 1112, 1118, 117 L.Ed.2d 341 (1992), which entitles the defendant to appeal his sentence if it was imposed in violation of law or as a result of the incorrect application of the guidelines. 18 U.S.C. § 3742(a).…