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Appellate Law
: Appellate Law and PracticeCA1: unpreserved Kimbrough errors are reviewed for plain error
By S. COTUS
US v. Matos, No. 07-1459 holds that there was no plain error in failing to consider the unreasonableness of a guidelines crack sentence. However, post-Kimbrough v. United States, 128 S. Ct. 558 (2007), the First says that the defendant must ?demonstrate a reasonable probability that he would have received a more lenient sentence had the district court considered the crack to powder cocaine disparity when sentencing Defendant.?
Full post as published by Appellate Law and Practice on July 10, 2008 (boomark / email).
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