United States v. Marcus
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Feb 24, 2010
|May 24, 2010||7-1||Breyer||OT 2009|
Issue: Whether the Second Circuit departed from the 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 alleged ex post facto violation whether there is any possibility that the defendant could have been convicted based exclusively on conduct that took place before the enactment of the statutes in question.
Judgment: Reversed and remanded, 7-1, in an opinion by Justice Stephen Breyer on May 24, 2010. Justice Stevens dissented, and Justice Sotomayor took no part in the ruling.
- Second Circuitâ€™s "plain error" standard struck down in Marcus (Anna Christensen)
- Is an ex post facto violation special? (Anna Christensen)
- Interpreting the Ex Post Facto Clause (Anna Christensen)
Briefs and Documents
- Brief for Petitioner United States of America
- Brief for Respondent Glenn Marcus
- Reply Brief for Petitioner United States of America