What is the effect of the contemporaneous objection rule?

"[T]he contemporaneous-objection rule prevents a litigant from 'sandbagging' the courtremaining silent about his objection and belatedly raising the error only if the case does not conclude in his favor." Puckett v. United States, 556 U.S. 129, 134 (2009) (internal quotation marks omitted). This is exactly what has occurred here. Counsel opted to proceed with sentencing armed with the information he had. Even assuming he could have raised a valid objection (a totally speculative assumption at that) counsel chose not to do so. If counsel's choice can be shown to have been both deficient performance and prejudicial, an ineffective assistance of counsel claim can be asserted on collateral review. However, it is no basis to reverse in this direct appeal.

Herrera-Rivera requests that we assign his case to a different district court judge on remand. "Although we generally remand for resentencing to the original district judge, we remand to a different judge if there are unusual circumstances." United States v. Quach, 302 F.3d 1096, 1103 (9th Cir. 2002) (internal quotation marks omitted). No such circumstances are present here.