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Plain Error Applied Despite Gov't Failure to Allege Defendant Failed to Preserve Error

By Shari Allison

U.S. v. Dunham, 07-5011 (4/7/08) (unpub'd) - The 10th can apply the plain error standard, even if the government doesn't point out the defendant's failure to object below. The institutional interests of the judiciary require that application, unlike where a party can waive some time limits. It was not enough to preserve an objection to the district court's failure to make factual findings to have made presentencing objections to facts in the presentence report.

Full post as published by Tenth Circuit Blog on April 09, 2008 (boomark / email).