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Home / Opinion Digests / Criminal – Sentencing – Standard Of Review – Plain Error (access required)

Criminal – Sentencing – Standard Of Review – Plain Error (access required)

When a defendant objects to a district court that it has failed to consider 18 U.S.C. § 3553(a)’s required sentencing factors and give an adequate explanation for its sentence, the 4th Circuit reviews the claim under an abuse-of-discretion standard, but the court says it will use a plain-error standard when the defendant makes this claim ...