When a criminal defendant’s sentence is plainly unlawful in light of an intervening Supreme Court decision, is “plain error” correction prohibited under Federal Rule of Criminal Procedure 52(b) because the law was unsettled when the district court imposed sentence and the defendant failed to object?  Happily, the Court answered “no” in last Wednesday’s opinion in … Continue reading Train wreck avoided: Plain errors may be corrected even when “plain” only on appeal