Circuit split · criminal procedure
Whether a defendant who fails to object at sentencing to the procedural reasonableness of the sentence (e.g., the adequacy of the district court's explanation) is subject to plain-error review of that challenge on appeal
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- United States v. Vonner516 F3D 382
Sixth Circuit Court of Appeals · February 7, 2008
“The majority’s plain-error analysis also deepens a growing circuit split that surely merits the attention of the Supreme Court, and the majority fails to offer meaningful guidance to the district courts and litigants in this circuit.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
18 U.S.C. § 3553 — Imposition of a sentence
“(a) Factors To Be Considered in Imposing a Sentence.—The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider— (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed— (A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the …”Read the full section →
What the split turns on
- Anchor precedents:
- United States v. Booker543 U.S. 220 ·
- Gall v. United States128 S.Ct. 586 ·
- Kimbrough v. United States128 S.Ct. 558 ·
- Rita v. United States127 S.Ct. 2456
- Statutes:
- 18 U.S.C. § 3553(a)
- Doctrines & tests:
- plain-error review ·
- reasonableness review ·
- presumption of reasonableness ·
- abuse-of-discretion standard
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.