Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

United States v. Marcus

Docket No. Op. Below Argument Opinion Vote Author Term
08-1341 2d Cir. Feb 24, 2010
Tr.
May 24, 2010 7-1 Breyer OT 2009

Issue: Whether the Second Circuit departed from the Court's interpretation of Rule 52(b) of the Federal Rules of Criminal Procedure by adopting as the appropriate standard for plain-error review of an alleged ex post facto violation whether there is any possibility that the defendant could have been convicted based exclusively on conduct that took place before the enactment of the statutes in question.

Judgment: Reversed and remanded, 7-1, in an opinion by Justice Stephen Breyer on May 24, 2010. Justice Stevens dissented, and Justice Sotomayor took no part in the ruling.

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