Whether a plain error affects the petitioner's substantial rights and implicates the fairness, integrity, or public reputation of judicial proceedings, and whether remand is proper where the plain error was not preserved

QUESTION PRESENTED Where the United States Court of Appeals for the Tenth Circuit leaves open the question of whether or not a plain error affects the petitioner's substantial rights and implicates the fairness, integrity, or public reputation of judicial proceedings, is remand proper where the plain error was not preserved? i ‘ a PARTIES : As appeared in the Tenth Circuit Panel decision : (App. Al), the names of all parties to this proceeding are appeared in the caption of this Petition for Writ of Certiorari under Supreme Court Rule 14.1(b). it