United States v. Llanos
Opinion of the Court
SUMMARY ORDER
Abram Llanos appeals from a judgment of the district court dated March 22, 2006 sentencing him to a term of imprisonment of 92 months. We assume the parties’ familiarity with the facts, procedural history and specification of issues on appeal.
We review the district court’s interpretation of the Sentencing Guidelines de novo and the district court’s findings of fact for clear error. United States v. Rubenstein, 403 F.3d 93, 99 (2d Cir. 2005). When a party properly objects to a sentencing error in the district court, we review for harmless error; issues not raised in the trial court because of oversight, including sentencing issues, are normally deemed forfeited on appeal unless they meet our standard for plain error. United States v. Villafuerte, 502 F.3d 204, 207 (2d Cir. 2007).
In 2005, the district court sentenced appellant to 120 months’ imprisonment. Thereafter, Llanos moved this Court, on consent of the government, for summary remand on the ground that the sentence imposed was based on the erroneous premise that Llanos was a “career offender” under U.S.S.G. § 4B1.1 and therefore in criminal history category VI. In an order dated November 10, 2005, we granted the motion and remanded the case for resentencing.
Neither party objected to the Court’s statement at the time of sentencing, presumably because the court recited the accurate Guidelines range and imposed a lower sentence. “[Ujndoubtedly just a slip of the tongue,” the district court’s statement amounted to nothing more than harmless error,
We find the remainder of appellant’s arguments barred by the appeal-waiver provision in the plea agreement that he entered into with the government. See United States v. Fisher, 232 F.3d 301, 303 (2d Cir. 2000) (noting that “we have regularly enforced waivers of [this] sort”). We have considered Llanos’ arguments for voiding the appeal-waiver provision and find them to be without merit.
Accordingly, for the foregoing reasons, the judgment of the district court is hereby AFFIRMED.
. Although the district court's slip should arguably be subject to the more "rigorous” plain-error review, see Villafuerte, 502 F.3d at 207-08, we need not even engage in such analysis because the error is so clearly harmless.
Reference
- Full Case Name
- United States v. Abram LLANOS
- Cited By
- 2 cases
- Status
- Published