What is the test for plain error review in the context of a motion?
MultiRegion, United States of America
The following excerpt is from United States v. Walker, 974 F.3d 193 (2nd Cir. 2020):
The parties agree that plain error review applies. On plain error review, we consider whether "(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; and (4) the error seriously affects the fairness, integrity or public reputation of judicial proceedings." United States v. Miller , 954 F.3d 551, 557-58 (2d Cir. 2020).
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