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: Fifth Circuit Blog

Defendant's Admission That PSR Was Correct Costs Him On Plain Error Review of Otherwise Erroneous Sentence Enhancement

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United States v. Velasquez-Torres, No. 09-40646 (5th Cir. June 18, 2010) (per curiam) (Jolly, Smith, Owen)Here we have another object lesson in the perils of admitting?explicitly or implicitly?the accuracy of the PSR.Recall that, under the illegal reentry statute, 8 U.S.C. § 1326, enhanced penalties apply if an alien was deported after having been convicted of a qualifying offense. Which brings

Full post as published by Fifth Circuit Blog on July 01, 2010 (boomark / email).

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Admitting Certificate of Nonexistence of Record Not Plain Error in Reentry Case

Always, Always Object

Defendants not required to re-raise sentencing issues at end of sentencing hearing to avert plain error review

Gonzalez: No Plain Error in sentencing where court would have reached same result absent error

Sentence Reversed Based on Plain Error

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