Unraised claim of procedurally unreasonable sentence is reviewed only for plain error on appeal

SENTENCING/STANDARD OF REVIEW United States v. McComb, No. 07-5003, ___ F.3d ___ (10th Cir. Dec. 18, 2007)(N.D. Oklahoma). Appeal of sentence for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). HELD: Where defendant alleges that district court acted in procedurally unreasonable manner in determining sentence, that claim is equivalent to an allegation that the district court abused its discretion. However, where defendant raised no objection to reasonableness of district court’s sentencing procedures, claim is reviewed only for plain error. Read the opinion here.