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Thursday, August 02, 2007

Objection to sentence enhancement is waived where defendant indicated to district court that it had been resolved

SENTENCING
United States v. Carrasco-Salazar,
No. 06-2311, ___ F.3d ___ (10th Cir. Jul 30, 2007)(New Mexico).

Appeal of sentence for unlawful reentry to United States after deportation.

HELD: Defendant waived his objection to 16-level sentence enhancement by indicating to district court that it had been resolved. A party that forfeits a right by failing to make proper objection may obtain relief for plain error, but party that waives a right is not entitled to appellate relief. An abandoned objection at sentencing is waived.

Read the opinion here.

posted by Russ at 7:07 AM


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