Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Fifth Circuit panel splits over approach to plain-error review for sentencing errors

By Douglas A. Berman

Among a number of notable sentencing rulings released today, a Fifth Circuit panel has a split decision that reverses a white-collar offender's sentence due to a guideline calculation error US v. John, No. No. 08-10459 (5th Cir. Feb. 9, 2010) (available here).  The extended John opinion is an interesting read for avarious reasons, but the discussion of plain error review in the dissent by Judge Smith is what really caught my attention.  Here is part of that dissent: This circuit in general, and the instant panel majority in particular, have mostly eviscerated the plain error test in cases raising forfeited sentencing error.  The result is that instead of being narrow, rare, and exceptional, the granting of plain-error relief in sentencing appeals has become commonplace...continue to full post

Full post as published by Sentencing Law and Policy on February 10, 2010 (boomark / email).