Circuit split · criminal procedure
Whether an unpreserved, non-constitutional Booker sentencing error (sentencing under the then-mandatory Guidelines) satisfies plain-error review, particularly the fourth prong (fairness, integrity, or public reputation of judicial proceedings)
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- United States v. Gonzalez-Huerta403 F3D 727
Tenth Circuit Court of Appeals · April 8, 2005
“This wide ranging circuit split results in the disparate treatment of criminal defendants throughout the nation.” — Acknowledges a circuit split
Empirical analysis of this case →
What the split turns on
- Anchor precedents:
- Booker
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. See all circuit splits.