Honorable Stanley Marcus was a U.S. District Judge for the Southern District of Florida sitting by designation as a member of this panel when this appeal was argued and taken under submission. Rather, the issue is whether or not Davenport waived his right to review his PSI ten days prior to sentencing. This is a question of law subject to de novo review. Even if we did review the court's denial for abuse of discretion, however, we would reach the same result. Because we find that flight does not constitute waiver of the right to review a PSI ten days prior to sentencing, see discussion infra, the district court abused its discretion in denying the continuance.
Waiver is different from forfeiture.