Paris Hollingshed v. United States
SocialSecurity Securities Immigration
Whether plain-error review for failure to instruct on an element of the offense allows courts to review beyond the trial record
QUESTIONS PRESENTED (1) Whether plain-error review for failure to instruct on an element of the offense, based upon an intervening U.S. Supreme Court decision, allows courts to review beyond the trial record when analyzing whether the error affected a defendant’s substantial rights or impacted the fairness, integrity, or public reputation of the trial? (2) Whether plain-error review for failure to instruct on an element of the offense requires the evidence to be “overwhelming” to find that the error did not affect a defendant’s substantial rights or impact the fairness, integrity, or public reputation of the trial?