What is the test for "plain error review" when a defendant fails to raise procedural objections at sentencing?

MultiRegion, United States of America

The following excerpt is from United States v. Frink, 20-1088-cr (2nd Cir. 2021):

Where, as here, the defendant failed to raise the procedural objections at sentencing, we review such challenges for plain error. United States v. Verkhoglyad, 516 F.3d 122, 128 (2d Cir. 2008). Under the plain error standard, Frink bears the burden of showing: (1) there was an error; (2) the error is clear or obvious, rather than subject to reasonable dispute; (3) the error affected his 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). We conclude that the district court's reasoning satisfies plain error review both as to the 24-month term of imprisonment and the 15-year additional term of supervised release.

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