Does a probation officer have a right to challenge the Guideline on a criminal defendant's sentence calculation?
MultiRegion, United States of America
The following excerpt is from U.S. v. Jacobson, 2 F.3d 1158 (9th Cir. 1993):
Generally, we review de novo the constitutionality of a Guideline. United States v. Barton, No. 92-30304, slip op. 6133, 6144 (9th Cir. June 15, 1993). Nonetheless, a criminal defendant waives his right to challenge the probation officer's calculation of his sentence if he fails to raise the issue before the district court. United States v. Visman, 919 F.2d 1390, 1394 (9th Cir.1990), cert. denied, 112 S.Ct. 442 (1991).
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