What is the test for reversal of a finding that a judge made a mistake in making a motion against a defendant in a civil case?
MultiRegion, United States of America
The following excerpt is from United States v. Gear, 19-10353 (9th Cir. 2021):
The court applies plain-error analysis to this claim. Under that review, the defendant is entitled to reversal when "(1) there was error, (2) the error was plain, (3) the error affected substantial rights, and (4) the error seriously affected the fairness, integrity, or public reputation of judicial proceedings." United States v. Becerra, 939 F.3d 995, 999 (9th Cir. 2019).
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