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General Request for Low Sentence Fails to Preserve Specific Issue

By Shari Allison

U.S. v. Herrera-Gonzalez, 20008 WL 5328448 (12/22/08) (unpub'd) - An issue-preservation word to the wise. Counsel had not preserved the issue that the d.ct. should have imposed a greater variance than it did to a level below what the defendant would have received had the defendant entered a Fast-Track plea, because counsel had not explicitly requested a sentence that low. Counsel only generally asked for a sentence lower than the guideline range.

Full post as published by Tenth Circuit Blog on January 05, 2009 (boomark / email).