5th Circ.'s Appeal Rule Finally Earns Top Court Review
Law360, Washington (June 3, 2019, 5:00 PM EDT) -- The U.S. Supreme Court agreed Monday to review the Fifth Circuit's longstanding view that a criminal defendant must formally object to a sentence in order to appeal its reasonableness, taking up a Mexican marijuana smuggler's case that presents a stark split in how the courts handle sentencing appeals.
The court voted to grant Gonzalo Holguin's petition for certiorari, or review, after the Fifth Circuit shot down his appeal challenging the reasonableness of his sentence. Even though Holguin had asked to make his two sentences run concurrently, the Fifth Circuit said he couldn't appeal the reasonableness of the trial court's decision to...
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