Santiago

We consider whether the plain error standard of review applies when the district court expressed “concern” about how a Presentence Report (“PSR”) calculated the quantity of drugs attributable to the defendant, but the defendant did not object to any part of the PSR. We hold that in such a case the plain error standard of review applies. Concluding here that there was no plain error, we affirm the defendant’s sentence.

On August 4, 2005, Jesus Antonio Santiago pled guilty to one count of conspiracy to distribute methamphetamine. Because the approximately three kilograms of methamphetamine seized or purchased by government agents from Santiago and his co-conspirators did not reflect the full scale of Santiago’s offense, the PSR, pursuant to the Federal Sentencing Guidelines, estimated the quantity of methamphetamine attributable to Santiago. See U.S.S.G. § 2D1.1 cmt. n. 12 (2005). The PSR calculated this as being between 17 and 104.3 kilograms. The PSR based its estimate on interviews with persons who purchased methamphetamine from and used methamphetamine with Santiago. Persons interviewed said that Santiago delivered between one and five pounds of methamphetamine per…