Justices of US Supreme Court consider what law governs plain error appeals
The justices of the U.S. Supreme Court tussled on Wednesday over the issue of whether a plain error sentencing appeal must be decided according to the law in effect at the time of sentencing or at the time of appeal.
Criminal Procedure — redacted indictment — constructive amendment — plain error
09-3516 U.S. v. Perez
10-1148 U.S. v. Webster
Criminal Procedure Invalid information; plain error Where the only effect of a defendant’s raising the invalidity of the information would be to lower the mandatory minimum term of supervised release, the sentence is not plain error. “We do not have a decision on point, but that would not keep us from concluding that any attempt […]
09-3993 U.S. v. Corona-Gonzalez
Criminal Procedure Sentencing; inaccurate information; plain error Where the district judge relied on an improper factor in imposing sentence, the sentence must be reversed, although the defendant failed to object. “There is a distinct possibility that the district court’s reliance on the nonexistent fact that Mr. Corona-Gonzalez previously had been removed and then reentered the [&hel[...]
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