United States Third Circuit

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US v. Flores-Mejia, 12-3149

In a criminal prosecution, unless a relevant objection has been made earlier, a party must object to a procedural error after the sentence is pronounced in order to preserve the error and avoid plain error review. Because this is a new rule, it will not be applied retroactively here, and under the abuse of discretion standard, defendant's sentence for reentry after deportation is vacated and remanded, where the district court did not give meaningful consideration to defendant's cooperation argument.

Appellate Information

  • Decided 07/16/2014
  • Published 07/16/2014

Judges

  • ROTH

Court

  • United States Third Circuit

Counsel

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