Dist. Ct. did not commit plain error in sentencing defendant to below-Guideline, 58-month term of incarceration on firearm charge, even though record showed that defendant had pleaded guilty to said charge and participated in sentencing proceedings via video, and that Dist. Ct. had failed to comply with CARES Act by obtaining on record defendant’s consent to participate in sentencing proceeding by video. No plain error occurred, where defendant did not argue that, if asked for consent on record, how in-person procedure would have differed from actual sentencing proceeding. Moreover, absence of consent on record did not necessarily render outcome unreliable, and, at most, was defect that did not constitute structural error. (Dissent filed.)
Federal 7th Circuit Court
Criminal Court
Sentencing