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: Fifth Circuit Blog

Suspended Sentence Not a "Sentence Imposed" for §2L1.2 Purposes, But Troubling Plain Error Analysis

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United States v. Rodriguez-Parra, No. 08-40708 (5th Cir. Aug. 26, 2009) (Higginbotham, Smith, Southwick)There's good and bad in this opinion. The good is that a suspended sentence isn't a "sentence imposed" for purposes of the 12- and 16-level drug-trafficking enhancements in guideline §2L1.2. The bad is that the panel continues a recent trend of ever-stricter plain error review, and in this

Full post as published by Fifth Circuit Blog on August 28, 2009 (boomark / email).

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