In my preview of Molina-Martinez v. United States a few months ago, I suggested that petitioner Saul Molina-Martinez’s attorney would face an uphill battle trying to convince the Justices to adopt a presumption of prejudice as part of plain-error review when a sentence was based on an erroneous guideline range not noticed until appeal. Consequently, … Continue reading Opinion analysis: To guideline err is human, to review is now de norm