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"High Court seems skeptical of 5th Circ. sentencing practice" by Elizabeth R. Bailey and Jill Winter (Law360)

Law360

Elizabeth R. Bailey, Jill Winter

The U.S. Supreme Court heard oral arguments on Tuesday in a case that may clarify how specific a defendant’s lawyer must be when objecting to a criminal sentence, and when she must make that objection, in order to receive a more favorable standard of review on appeal.

The question before the justices in Holguin-Hernandez v. United States was whether the U.S. Court of Appeals for the Fifth Circuit has been requiring criminal defendants to make unnecessary post-sentencing objections in the name of Rule 51 of the Federal Rules of Criminal Procedure.

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Originially published in Law360; reprinted with permission.

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