Tag Archives: plain error

SCOTUS Opinion: Appellate Courts Must Review Late-Raised Arguments For Plain Error

Federal Rule of Criminal Procedure 52(b) provides that where a criminal defendant fails to raise an argument in the district court, the appellate court can review the issue for plain error. The Fifth Circuit, as opposed to other circuits, had the practice of refusing to review factual matters not raised before the district court. In Davis v. United States, a... Read More >

Courts Of Appeals Are Obligated To Correct Plain Sentencing Guideline Errors Under Federal Rule Of Criminal Procedure 52(b)

Under Federal Rule of Criminal Procedure 52(b), a court of appeals “should exercise its discretion to correct”  an error in the district court’s application of the Sentencing Guidelines if the error “seriously affects the fairness, integrity, or public reputation of judicial proceedings.” In Rosales-Mireles v. United States, after the defendant was sentenced under a miscalculation under the Sentencing Guidelines... Read More >