Fifth Circuit: USA v. James Caravayo

Sentencing, Free Association

Where a deft objects to a condition of sentence but does not phrase the objections in terms of the sentencing statute, the review is for plain error.

As claimed error does not harm the judicial process, no plain error in the lack of relation to the sentencing statute.

As sentencing condition was not reasonably related to the aim of the sentencing statute, the Free Association challenge prevails,

Dissent:  As there was no objection to the sentencing condition on the basis of the statute, the argument is not preserved.


http://www.ca5.uscourts.gov/opinions/pub/14/14-50773-CR0.pdf