Is the Sixth Circuit's draconian view of the plain-error standard contrary to this Court's precedents, including Henderson-v-United-States?

QUESTION PRESENTED On October 17, 2022, this Court vacated Petitioner Womack’s conviction in light of Ruan v. United States, 142 S. Ct. 2370, 213 L. Ed. 2d 706 (2022) and remanded for further proceedings. On remand, the Sixth Circuit agreed with the parties that Ruan applies to 21 U.S.C. § 856(a)(1) prosecutions, and also agreed that the jury instructions given were error in light of Ruan. However, parting ways with other circuits handling of this issue, the Sixth Circuit determined that Womack could not meet the plain error standard. Is the Sixth Circuit’s draconian view of the plain error standard contrary to this Court’s precedents, including Henderson v. United States? 568 U.S. 266, 133 S. Ct. 1121, 185 L. Ed. 2d 85 (2018). ii RELATED CASES Pursuant to Supreme Court Rule 14.1(b)Gii), Petitioner submits the following cases which are directly related to this Petition: United States v. Cynthia Clemons Sixth Circuit Case No. 20-6427 (decided 8.29.23) United States v. Courtney Newman Sixth Circuit Case No. 20-6428 (decided 8.29.23) iii