Sentences with phrase «plain error»

On Monday, however, the U.S. Supreme Court ruled the 2nd Circuit's approach «can not be reconciled» with Supreme Court case law on ordering reversal under the «plain error standard,» in United States v. Marcus (pdf), No. 08 - 1341.

Confusion is much more difficult to deal with than just plain error.

For this JRR Tolkien fan, a career as an appellate lawyer is the perfect match for Keller's self - described nerdery — the practice requires mastery of a host of activities revolving around brief - writing and oral argument, and the appellate bar speaks its own unique tongue: forfeiture and waiver, plain error, abuse of discretion, de novo, etc..

The lower court made a plain error of law.

A common type of plain error is when a judge miscalculates the sentence.

Likewise, decisions by circuit judges to handle Booker plain error in particular (and diverse) ways reflect a policy judgment, as did the Supreme Court's decision not to resolve the circuit split over Booker plain error standards.