U.S. v. Marcus, No. 08-1341 (U.S. Supreme Court) (560 U.S. 258; 130 S.Ct. 2159) (May 24, 2010) (Justice Breyer)
Here the Court rejected the Second Circuit's interpretation of Rule 52(b) that it must recognize a plain error if there is “any possibility” that a jury convicted a defendant on the basis of actions taken before enactment of the statute of conviction.
Glenn Marcus was indicted on charges that he …
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