Ninth Weighs In On Circuit Split: No Objection Required In District Court to Preserve Substantive Reasonableness Challenge
United States v. Autery, No. 07-30424 (9th Cir. Feb. 13, 2009) (Thompson, Smith; Tashima, concurring in part and dissenting in part)Remember that circuit split over reasonbleness review and plain error? Courtesy of our colleagues at the Ninth Circuit Blog (here and here), we learn that the Ninth Circuit has weighed in on that question. Much like the Sixth Circuit in Vonner---and, curiously,
9th Circuit reinstates Dont Ask Dont Tell challenge, what implications Vikaram Amar has this commentary on Findlaw discussing the recent 9th Circuit decision. He concludes: . . . It is also worth noting that the Ninth Circuit?s ruling last month diverged from that of at least one other United States Court of Appeals, creating what might be considered a ?Circuit split? on the extent to [...