[20180808]LSB10184_哎呀：什么时候计算被告量刑指南范围的一个明显错误就需要重新判刑？.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Oops: When Does a Plain Error in Calculating a Defendants Sentencing Guidelines Range Warrant Resentencing? August 8, 2018 In the federal criminal justice system, not all errors justify relief. Notably, under Federal Rule of Criminal Procedure 52(b), federal courts may, but are not required to, correct an error if a defendant failed to notify the district court about the error. (These kinds of forfeited errors, like failing to object when an error is made, are generally called “plain errors.”) However, the Supreme Court has opined that an appellate court should exercise its discretion to correct an unpreserved error “if the error seriously affects the fairness, integrity or public reputation of judicial proceedings.” For example, under that standard a new trial unlikely would be warranted if defense counsel neglected to object to a prosecutors improper leading question. But what about if defense counsel doesnt point out an error in the district courts calculation of the defendants U.S. Sentencing Guidelines (Guidelines) range? Rosales-Mireles v. United States, argued during the Supreme Courts