What is the test for establishing plain error in a motion?

MultiRegion, United States of America

The following excerpt is from United States v. Ferguson, No. 17-764 (2nd Cir. 2018):

122, 128 (2d Cir. 2008). To establish plain error, an appellant must demonstrate that "(1) there is an error; (2) the error is clear or obvious, rather than subject to reasonable dispute; (3) the error affected the appellant's substantial rights, which in the ordinary case means it affected the outcome of the district court proceedings; and (4) the error seriously affects the fairness, integrity or public reputation of judicial proceedings." United States v. Marcus, 560 U.S. 258, 262 (2010) (internal quotation marks and alterations omitted).

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