Whether an appellate court should presume that a district court's error in calculating the applicable Sentencing Guidelines range affected the defendant's substantial rights for purposes of plain-error review under Federal Rule of Criminal Procedure 52(b)

QUESTION PRESENTED When the “record is silent as to what the district court might have done had it considered the correct Guidelines range,” Molina-Martinez v. United States, 136 S. Ct. 1338, 1347 (2016), should an appellate court presume, for purposes of plainerror review under Federal Rule of Criminal Procedure 52(b), that the error affected the defendant's substantial rights. prefix