Topic

Plain Error Review

Every decision we've filed under Plain Error Review.

Related topics

Civil 3399 Criminal 1956 Summary Judgment 806 Sentencing Guidelines 718 Civil Rights - Section 1983 647 Immigration (Civil) 646 Constitutional 536 Supervised Release 473 Drug Trafficking 443 Civil Rights - Employment 367 Firearms 319 Qualified Immunity 251
Mar 17 2026
5th Cir. 25-10434 Panel Decision

United States of America Plaintiff— v. Nautica Blu Hamilton Defendant—

The Fifth Circuit affirmed a 360-month sentence for child pornography production, ruling that the defendant failed to prove the government's gender-based comments at sentencing constituted plain or structural error. The court held that the district court's reliance on the nature of the crime and abuse of trust, rather than the defendant's sex, meant the defendant's substantial rights were not affected.

Child Sexual Abuse Material Criminal Fourteenth Amendment - Equal Protection Plain Error Review
Read summary →
Mar 16 2026
9th Cir. 3:20-cr-00085-AB-1 Unpublished

UNITED STATES OF AMERICA v. FRANCO ARMANDO MORENO, Jr

The Ninth Circuit affirmed a 12-month supervised release revocation sentence, finding no plain error in the district court's handling of the defendant's arguments regarding his original state detainer. The panel held that the sentence was substantively reasonable given the defendant's overall dishonesty and performance on supervision, not just a single relapse event.

Criminal Other Criminal Plain Error Review
Read summary →
Mar 12 2026
5th Cir. 25-50336 Per Curiam

United States v. Kisindja

The Fifth Circuit affirmed Asha Kisindja's conviction for conspiring to transport illegal aliens resulting in death, applying a plain error standard due to her failure to object in the district court. The court held that the record demonstrated she understood the nature of the charge and that a sufficient factual basis existed for her guilty plea under Federal Rule of Criminal Procedure 11.

Criminal Immigration (Criminal) Plain Error Review
Read summary →
Mar 11 2026
6th Cir. 24-1726 Published

UNITED STATES OF AMERICA v. VIJAYA SHETTY

The Sixth Circuit affirmed Vijaya Shetty's conviction for conspiracy to commit wire fraud, finding no plain error in the district court's acceptance of his guilty plea. The court held that Shetty failed to demonstrate that his plea was not knowing, intelligent, or voluntary despite his claims of misunderstanding and duress.

Criminal Fraud Plain Error Review
Read summary →
Mar 6 2026
11th Cir. 6:22-cr-00148-PGB-LHP-6 Per Curiam

UNITED STATES OF AMERICA v. DICKENSON ELAN

The Eleventh Circuit affirmed Dickenson Elan's RICO conspiracy conviction and 135-month sentence, rejecting challenges to evidence admission and sufficiency of proof. The court held that the district court properly applied sentencing enhancements based on the total economic loss of the tax fraud scheme and did not abuse its discretion in imposing the sentence despite Elan's claims of hardship from future removal to Haiti.

Criminal Drug Trafficking Guidelines Departure Plain Error Review
Read summary →
Mar 3 2026
10th Cir. 2:20-CR-00284-TS-3) Panel Decision

UNITED STATES OF AMERICA v. NELLY IDOWU

The Tenth Circuit affirmed Nelly Idowu's conviction and sentence, rejecting her claim that the district court misapplied sentencing guidelines for money laundering. The court held that because Idowu failed to object to the guideline calculation at sentencing, she could only succeed by showing plain error, which she could not establish.

Criminal Fraud Money Laundering Plain Error Review
Read summary →
Feb 24 2026
8th Cir. 25-2788 Panel Decision

United States of America v. Joe L. Franklin

The Eighth Circuit affirmed the revocation of Joe Franklin's supervised release and the imposition of a 36-month prison sentence, finding no plain procedural error in the district court's sentencing analysis. The court further held that the special condition requiring substance abuse treatment did not constitute an impermissible delegation of judicial authority.

Criminal Plain Error Review Supervised Release
Read summary →