Anthony McCarary v. United States
SocialSecurity Securities Immigration
Does advocating for a particular sentence preserve the procedural reasonableness claim that a court failed to adequately explain the sentence when it chooses a sentence higher than that requested?
To determine whether a sentencing issue is preserved, “The question is simply whether the claimed error was ‘brought to the court’s attention.” HolguinHernandez v. United States , 589 U.S. 169, 174 (2020) (quo ting Fed. R. Crim. Pro 52(b)). As a result, a defendant preserve s a substantive reasonableness claim by advocating for a particular sentence. Id. at 766. This case presents the next logical ques tion: Does advocating for a particular sentence preserve the procedural reasonableness claim that a court failed to adequately explain the sentence when it chooses a sentence higher than that requested? Because there is a divide among the circuit courts on this question even after Holguin-Hernandez , this Court should grant certiorari and resolve the issue. prefix