What is the test for determining whether a defendant has preserved a claim that the federal court erred in its application of the sentencing guidelines?
MultiRegion, United States of America
The following excerpt is from United States v. Richardson, 958 F.3d 151 (2nd Cir. 2020):
When the defendant has preserved a claim that the district court erred in its application of the sentencing guidelines, "[w]e review issues of law de novo , issues of fact under the clearly erroneous standard, [and] mixed questions of law and fact either de novo or under the clearly erroneous standard depending on whether the question is predominantly legal or factual." United States v. Selioutsky , 409 F.3d 114, 119 (2d Cir. 2005) (internal citations omitted).
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