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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.,
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