Brief of the National Association of Criminal Defense Lawyers and the National Association of Federal Defenders as Amici Curiae in Support of Petitioner.
Argument: Congress abandoned the requirement of “excepting” to adverse trial court rulings because it serves no purpose in the modern era other than needlessly frustrating meaningful appellate review. Experience in the Fifth Circuit confirms that its post-sentence objection rule suffers from the same flaws as the discarded “exceptions” requirement. The Fifth Circuit’s rule does not enhance judicial decisionmaking. The Fifth Circuit’s rule thrwarts meaningful appellate review.