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No. 8700106
United States Court of Appeals for the Ninth Circuit
United States v. Kostyukov
No. 8700106 · Decided September 25, 2017
No. 8700106·Ninth Circuit · 2017·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
September 25, 2017
Citation
No. 8700106
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Kostyukov challenges four enhancements applied at his sentencing hearing for the first time on appeal. When a party fails to raise an objection at trial “yet asserts error on appeal,” we review for plain error. United States v. Santiago, 466 F.3d 801, 803 (9th Cir. 2006). Plain error is “(1) error, (2) that is plain, and (3) that affects substantial rights.” United States v. Cotton, 535 U.S. 625, 631 , 122 S.Ct. 1781 , 152 L.Ed.2d 860 (2002) (quoting Johnson v. United States, 520 U.S. 461, 466-67 , 117 S.Ct. 1544 , 137 L.Ed.2d 718 (1997)). That standard is not met here. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Plain English Summary
MEMORANDUM ** Kostyukov challenges four enhancements applied at his sentencing hearing for the first time on appeal.
Key Points
01MEMORANDUM ** Kostyukov challenges four enhancements applied at his sentencing hearing for the first time on appeal.
02When a party fails to raise an objection at trial “yet asserts error on appeal,” we review for plain error.
03Plain error is “(1) error, (2) that is plain, and (3) that affects substantial rights.” United States v.
04This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Frequently Asked Questions
MEMORANDUM ** Kostyukov challenges four enhancements applied at his sentencing hearing for the first time on appeal.
FlawCheck shows no negative treatment for United States v. Kostyukov in the current circuit citation data.
This case was decided on September 25, 2017.
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