Error on admission of prior conviction was invited, as counsel insisted that it be included.
No plain error in lack of special unanimity instruction.
No error in use of the term "narcotics" in Burglary instruction where illegal nature of drugs was necessarily implied.
Sufficient evidence for constructive possession inside the apartment.
Plea colloquy impermissibly suggested that deft may later challenge the reasonableness of the sentence.
Clear error for the sentencing court not to refer to the sentencing guidelines' recommendation that the sentence be imposed to run concurrent with the prior sentence.
Upward variance insufficiently explained.
Concurrence: acquitted conduct shouldn't be used to increase the sentence.
Dissent in part: Terms of written waiver were plain, upward departure sufficiently explained.
https://www.cadc.uscourts.gov/internet/opinions.nsf/11D51D8162565F72852582AD0054B1E6/$file/15-3056-1736068.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.