High Court Addresses Reality Of Modern Criminal Sentencing
By Taylor CrabtreeJune 21, 2018, 1:43 PM EDT
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....