High Court Addresses Reality Of Modern Criminal Sentencing

Law360 (June 21, 2018, 1:43 PM EDT) -- On Monday, the U.S. Supreme Court issued its opinion in Rosales-Mireles v. United States. Read together with the court's 2016 decision in Molina-Martinez v. United States, this opinion establishes a presumption that a defendant is entitled to resentencing whenever the district court makes a clear error in calculating a defendant's United States Sentencing Guidelines range, even if the error was raised for the first time on appeal.

Rosales-Mireles and Molina-Martinez both address the application of the plain error doctrine to cases where the defendant was sentenced based on an erroneously high guidelines range. When a defendant fails to object to an error before the trial court, Federal Rule...

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