The following excerpt is from United States v. Lopez, No. 18-816 (2nd Cir. 2019):
"Under plain error review, the court must first find an obvious error that affects substantial rights." United States v. Green, 618 F.3d 120, 122 (2d Cir. 2010) (per curiam). A "plain error" is one that is "clear or obvious, rather than subject to reasonable dispute." Alvarado, 720 F.3d at 157 (quoting United States v. Marcus, 560 U.S 258, 262 (2010)). In the sentencing context, in order for the reviewing court to find that it prejudiced the defendant's substantial rights, the error must also "affect the outcome of the sentencing proceeding." Id. at 160. Only if these two factors are found may the court then "use its discretion to correct the error if it 'seriously affects the fairness, integrity or public reputation of judicial proceedings.'" Green, 618 F.3d at 122 (quoting United States v. Dupes, 513 F.3d 338, 343 (2d Cir. 2008)).
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