U.S. v. SEVILLA

No. 07-1105.

541 F.3d 226 (2008)

UNITED STATES of America v. Eduardo SEVILLA a/k/a Wilfredo Garcia a/k/a Mex a/k/a Mexico a/k/a Wilfredo Beltram Eduardo Sevilla, Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed: September 4, 2008.


Attorney(s) appearing for the Case

James V. Wade, Federal Public Defender, Fredrick W. Ulrich (Argued), Assistant Federal Public Defender, Office of the Federal Public Defender, Harrisburg, PA, for Appellant.

Thomas A. Marino, United States Attorney, Eric Pfisterer, Assistant United States Attorney, Theodore B. Smith (Argued), Assistant United States Attorney, United States Attorney's Office, Middle District of Pennsylvania, Harrisburg, PA, for Appellee.

Before: McKEE and AMBRO, Circuit Judges, and IRENAS, District Judge.


OPINION OF THE COURT

AMBRO, Circuit Judge.

Where, as here, a convicted criminal defendant presents to the District Court a colorable argument for a lower sentence under 18 U.S.C. § 3553(a), and the District Court fails to address that argument, must the defendant then object in order to preserve the argument for appeal? We conclude that, under our precedent, he need not. Accordingly, we review the District Court's omissions in this case not for plain...

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