Claim of unreasonable sentence length is waived on appeal where defendant does not object or at least argue for lower sentence in district court

SENTENCING United States v. Mancera-Perez, No. 06-2059, ___ F.3d ___ (10th Cir. Oct. 1, 2007)(New Mexico). Appeal of sentence for illegal reentry by a deported alien previously convicted of aggravated felony in violation of 8 U.S.C. § 1326(a)(1), (a)(2) and (b)(2). HELD: A defendant’s claim that sentence is unreasonably long may be reviewed on appeal without being preserved by objection in district court. Such review, however, requires that defendant have at least made an argument for lower sentence in district court. When appellate argument for lower sentence was not raised at any time before district court, and when defendant affirmatively endorses appropriateness of length of the sentence in district court, error, if any, was invited and waived. Read the opinion here.