U.S. v. RODRIGUEZ

No. 08-16696.

627 F.3d 1372 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Alicia D. RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 22, 2010.


Attorney(s) appearing for the Case

Eric Martin Cohen (Court-Appointed), Miami, FL, for Defendant-Appellant.

Amit Agarwal , Anne R. Schultz , Emily M. Smachetti , Kathleen M. Salyer , Miami, FL, for Plaintiff-Appellee.

Before CARNES, FAY and SILER, Circuit Judges.


CARNES, Circuit Judge:

This case poses the question of whether there is a vindictive judge or cowardly counsel exception to the contemporaneous objection rule. Unless there is such an exception, the only issue that the appellant is pressing on appeal is barred for failure to object because she cannot meet the requirements of the plain error rule. Disagreeing with the Second Circuit, we hold that the possibility a judge may be unhappy with an objection does not excuse...

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