Hedges erroneously contends that he preserved this issue at the sentencing hearing. Toward the end of the hearing, Hedges requested a downward departure from the Sentencing Guidelines even though the plea agreement prohibited him from seeking such a departure. Hedges claims that this statement preserved his objection. Because the court ruled that he was responsible for a much higher loss, Hedges contended, the plea agreement did not prevent him from seeking a downward departure. Thus, Hedges did not claim that the Government violated the plea agreement and his objection was not preserved.
Plain error is error that is both obvious and prejudicial.