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UNITED STATES v. SANTIAGO

No. 05-30584.

466 F.3d 801 (2006)

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JESUS ANTONIO SANTIAGO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 23, 2006.

Attorney(s) appearing for the Case

Greg J. Fuller, Fuller Law Offices, Twin Falls, Idaho, for defendant-appellant Jesus Antonio Santiago.

Michelle R. Mallard and Alan Burrow (argued), Assistant United States Attorneys, Pocatello, Idaho, for plaintiff-appellee United States of America.

Before: Barry G. Silverman and Ronald M. Gould, Circuit Judges, and John S. Rhoades, Sr., District Judge.

Argued and Submitted September 15, 2006 — Portland, Oregon.

Opinion by Judge Gould.

OPINION

GOULD, Circuit Judge:

We consider whether the plain error standard of review applies when the district court expressed "concern" about how a Presentence Report ("PSR") calculated the quantity of drugs attributable to the defendant, but the defendant did not object to any part of the PSR. We hold that in such a case the plain error standard of...

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