Brian Goorahoo v. United States
Whether a federal criminal defendant must object post-sentence to preserve a claim of sentencing procedural error
The federal courts of appeals are divided 10-to-2 over what a federal criminal defendant must do to preserve a claim that the sentencing court committed procedural error, the question left open in Holguin-Hernandez v. United States, 589 U.S. 169, 175 (2020). Specifically, the question presented is: Whether, to preserve for appeal a claim that the sentencing court committed procedural error by failing to explain its sentence adequately or relying on an improper factor, it is sufficient that the defendant argued for a sentence lower than the one imposed, without the need for post-sentence objections, as the Fourth and Seventh Circuits hold, or whether the defendant must object again after sentence is pronounced, as the Second Circuit and nine other circuits hold. i