What is the standard of review for a charge of plain error in a motion brought by Pettway against the District Court?
MultiRegion, United States of America
The following excerpt is from United States v. Black, 18-3316-cr (2nd Cir. 2021):
Pettway did not object to the district court's charge, and thus we review under the plain error standard: "whether (1) there is an error; (2) the error is clear or obvious, rather than subject to reasonable dispute; (3) the error affected the appellant's substantial rights; and (4) the error seriously affects the fairness, integrity or public reputation of judicial proceedings." United States v. Miller, 954 F.3d 551, 557-58 (2d Cir. 2020) (internal quotation marks and citation omitted).
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