Sentencing
Waiver

Where a defendant explicitly stated he was challenging the PSR only as to issue of restitution and not amount of loss for sentencing calculations, he waived the right to challenge amount of loss on appeal.

"Adcock offers two ways around this explicit waiver. First, he attempts to rely on a pro se objection to the calculation of loss in the Presentence Investigation Report. He included this among 12 pro se objections that he added to the three that his attorney raised. But the court was under no obligation to consider that pro se objection, even if it had been explicit enough to alert the judge to the argument (and we agree with the district court that it was not), because Adcock was represented. Adcock also briefly suggests that counsel rendered ineffective assistance on this point, since he can imagine no strategic reason why someone would concede an amount of loss for purposes of sentencing but try to contest it for restitution. This argument, however, is too abbreviated for us to assess counsel's effectiveness at this stage. Adcock may pursue this point, if he wishes, in a petition under 28 U.S.C. § 2255."

Affirmed.

07-1459 U.S. v. Adcock

Appeal from the United States District Court for the Central District of Illinois, Scott, J.

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