Anger about the 9th’s sentencing decision in Saeteurn

West coast FPDs (and obviously, everyone else) is angry about the Ninth Circuit’s decision in United States v. Saeteurn, __ F.3d __, 2007 WL 2983806 (9th Cir. Oct. 15, 2007) which concludes that a District Judge need not resolve preserved disputes about the accuracy of a PSR unless the effect the length of a sentence. What the Ninth Doesn’t seem to get is that things in the PSR, unless correct, can and will impact conditions of confinement. In this case a citizen-defendant that was incorrectly described as a resident alien (a fact the government does not dispute) will be rendered ineligible for a prison camp (or rehabilitation programs) and won’t be eligible for early release. Is this just a mistake by a law clerk, or is it some kind of greater ignorance?