To determine whether a sentencing issue is preserved, "The question is simply whether the claimed error was 'brought to the court's attention." Holguin-Hernandez v. United States, 589 U.S. 169, 174 (2020) (quoting Fed. R. Crim. Pro 52(b)). As a result, a defendant preserves a substantive reasonableness claim by advocating for a particular sentence. Id. at 766.

This case presents the next logical question: Does advocating for a particular sentence preserve the procedural reasonableness claim that a court failed to adequately explain the sentence when it chooses a sentence higher than that requested? Because there is a divide among the circuit courts on this question even after Holguin-Hernandez, this Court should grant certiorari and resolve the issue.

Does advocating for a particular sentence preserve the procedural reasonableness claim that a court failed to adequately explain the sentence when it chooses a sentence higher than that requested?