What is the test for a defendant to have a waiver of his sentence reviewed for plain error review?

The general requirements of plain error review are familiar enough. "Plain error is (1) error, (2) that is plain, and (3) that affects substantial rights." Hammons , 558 F.3d at 1103 (internal quotation marks omitted) (quoting United States v. Ameline , 409 F.3d 1073, 1078 (9th Cir. 2005) (en banc) ). If these conditions are met, the reviewing court has the discretion to grant relief so long as the error "seriously affects the fairness, integrity, or public reputation of judicial proceedings." Id .

As a threshold matter, to constitute "error" under the first requirement, a defendants claim or objection must not be "intentionally relinquished or abandoned." Molina-Martinez v. United States , U.S. , 136 S.Ct. 1338, 1343, 194 L.Ed.2d 444 (2016). Otherwise, the defendant has affirmatively acquiesced to the district courts ruling, and the district court made no error, plain or otherwise. See Olano , 507 U.S. at 73234, 113 S.Ct. 1770. Thus, forfeited claims are reviewed for plain error, while waiver precludes appellate review altogether. We write to clarify this long-established distinction specifically in the sentencing context.