Unobjected procedural sentencing error is reviewed only for plain error

SENTENCING United States v. Uscanga-Mora, No. 07-4248, ___ F.3d ___ (10th Cir. Apr. 24, 2009)(Utah). Appeal of two-level sentence enhancement under USSG § 3B1.1(c) for being leader-organizer of criminal activity. HELD: If defendant does not object to sentence, but has been afforded an opportunity to do so, and if objection would not be futile, unobjected procedural sentencing error is reviewed only for plain error. Defendant’s substantive objection that there was insufficient evidence to support sentence enhancement for being leader-organizer did not specifically alert district court that its statement of reasons for imposing the enhancement was procedurally inadequate. Accordingly, defendant’s claim that judge’s statement of reasons was inadequate is reviewed for plain error. Read the opinion here.