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Does the government have 'substantial rights' such that actions taken in derogation of them may constitute 'plain error' under Fed. R. Crim. Pro. 52(b)?
Questions Presented Does the government have “substantial rights” such that actions taken in derogation of them may constitute “plain error” under Fed. R. Crim. Pro. 52(b)? If so, did the imposition of a sentence of post-release supervision below a statutory mandatory minimum affect the government’s “substantial rights” in this case? If it did, did the imposition of such a sentence also “seriously affect the fairness, integrity or public reputation of judicial proceedings” as required by United States v. Olano, 507 U.S. 725, 732 (1993)? This Court has not previously addressed the question of whether such an error in favor of a defendant falls within the scope of Fed. R. Crim. Pro. 52(b). The Courts of Appeals are divided on this issue. See United States v. Steed, 879 F.3d 440, 453 (1% Cir. 2018) (citing cases).