Fifth Circuit· 8/8/2017

United States v. Calvin Nesmith

Citations

866 F.3d 677

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding objection valid if it alerts the court to the nature of the claimed error and provides it an opportunity to correct it
holding that the standard is objective
adopting the same position as other circuits “[b]ecause [the appellant] has not provided a compelling reason to create a circuit split.”
“In line with the text, the six other circuits to consider this issue have held that the determination of whether the sadism enhancement applies is an objective inquiry.”
“[W]hen a defendant objects to his sentence on grounds different from those raised on appeal, we review the new arguments raised on appeal for plain error only.” (internal quotation marks and citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Jolly, King, Prado

Read full opinion on CourtListener

Cited by

8 cases in this archive cite this case.

Cites

12 cases in this archive are cited by this case.

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