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Sentencing – reasonableness — waiver

By: WISCONSIN LAW JOURNAL STAFF//April 7, 2014//

Sentencing – reasonableness — waiver

By: WISCONSIN LAW JOURNAL STAFF//April 7, 2014//

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U.S. Court of Appeals for the Seventh Circuit

Criminal

Sentencing – reasonableness — waiver

A general objection to an above-guideline sentence is insufficient to preserve for appeal any particularized argument.

During oral argument we raised the possibility that Donelli’s argument had been waived. Her lawyer suggested that her general objection to her above-guideline sentence was enough to preserve the procedural objection under Cunningham. We disagree. Donelli’s objection was to the substantive reasonableness of the sentence, not to the procedure the district court used, let alone the sufficiency of the explanation. Her objection was insufficient to preserve her contention on appeal that the court disregarded its Cunningham duty. Under the approach we set forth in Garcia-Segura, Donelli waived any argument that the district court failed to consider any principal argument in mitigation.”

Affirmed.

13-2548 U.S. v. Donelli

Appeal from the United States District Court for the Southern District of Indiana, Barker, J., Hamilton, J.

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