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Sixth Circuit panel splits over procedural reasonableness and plain error review

By Douglas A. Berman

The Sixth Circuit has a notable and divided discussion of procedural reasonableness and plain error review today in US v. Wallace, No. 07-2230 (6th Cir. Mar. 16, 2010) (available here). The start of Judge McKeague's partial dissent provides a useful synopsis of the sentencing review issues on which the panel is dividing in Wallace: I concur in the majority?s conclusion that defendant Barbara Wallace?s conviction must be affirmed. I also concur in the determination that because defendant did not properly preserve her objection in the district court, her present claim that the sentence is procedurally unreasonable is subject to review only for plain error.  I concur in the majority?s formulation of the four-part standard that governs our plain error analysis...continue to full post

Full post as published by Sentencing Law and Policy on March 16, 2010 (boomark / email).