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UNITED STATES v. MARCUS

Docket No.: 08-1341
Certiorari Granted: Oct 13 2009
Argued: February 24, 2010
Decided: May 24, 2010

Topics:

Fed. Rules Crim. Proc. 52(b), Article I, Due Process, Fifth Amendment, Fourteenth Amendment, Sixth Amendment

PartyNames: United States v. Glenn Marcus
Petitioner: United States
Respondent: Glenn Marcus

Court Below: United States Court of Appeals for the Second Circuit
Citation: 538 F.3d 97

United States
v.
Glenn Marcus
Question Presented:

Whether the court of appeals departed from this Court's interpretation of Rule 52(b) of the Federal Rules of Criminal Procedure by adopting as the appropriate standard for plain-error review of an asserted ex post facto violation whether "there is any possibility, no matter how unlikely, that the jury could have convicted based exclusively on pre-enactment conduct."

Question:

Did the Second Circuit depart from the Supreme Court's interpretation of Federal Rule of Criminal Procedure 52(b) by adopting the "plain-error" standard of review for an asserted Ex Post Facto violation?

Note:

JUSTICE SOTOMAYOR TOOK NO PART.

UNITED STATES v. MARCUS
ORAL ARGUMENT

February 24, 2010

Holding: reversed and remanded
Vote: 7-1
Recused: J.,

UNITED STATES v. MARCUS
Case Documents

1UNITED STATES v. MARCUS Oral Argument Transcript (HTML)
2UNITED STATES v. MARCUS Oral Argument Transcript (HTML)
3UNITED STATES v. MARCUS Oral Argument Transcript (PDF)
4Opinion in UNITED STATES v. MARCUS
Additional documents for this case are pending review.