How have the courts dealt with sentencing errors on appeal?
MultiRegion, United States of America
The following excerpt is from U.S. v. Padilla, 145 F.3d 1343 (9th Cir. 1998):
Appellant argues the district court used the wrong sentencing guideline. This argument is precluded because it was not raised on direct appeal. See United States v. Schlesinger, 38 F.3d 485, 487 (9th Cir.1994) (nonconstitutional sentencing errors not raised on direct appeal are waived).
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