USA v. SANTIAGO
The Ninth Circuit Court of Appeals today released an opinion in USA v. SANTIAGO, No. 05-30584, a criminal appeal. The panel consisted of Barry G. Silverman and Ronald M. Gould, Circuit Judges, and John S. Rhoades, Sr., District Judge.
GOULD, Circuit Judge:
We consider whether the plain error standard of review applies when the district court expressed “concern” about how a Presentence Report (”PSR”) calculated the quantity of drugs attributable to the defendant, but the defendant did not object to any part of the PSR. We hold that in such a case the plain error standard of review applies. Concluding here that there was no plain error, we affirm the defendant’s sentence. On August 4, 2005, Jesus Antonio Santiago pled guilty to . . .