Supreme Court Grants Certiorari To Decide If The Fifth Circuit Applied Too Harsh A Standard In Determining Whether To Correct Plain Error

Today the Supreme Court granted certiorari in Rosales-Mireles v. United States, No. 16-9493, to decide whether the Fifth Circuit applied too harsh a standard in determining whether to correct plain error where both parties conceded that Rosales-Mireles' sentence was incorrectly calculated. Specifically, the Fifth Circuit declined to correct the error because "the error or resulting sentence [did not] shock the conscience" of the common man. 

For a copy of the Court's order, click here. For a copy of the Fifth Circuit's opinion, click here. And for a brief analysis of the case, visit this page on Scotusblog.  For a link to Defender Services training materials on preservation of error and plain error review, click here.