The following excerpt is from United States v. Cosme, 19-1731-cr (2nd Cir. 2020):
Where, as here, the defendant fails to raise any Rule 11 objections in the district court below, we review for plain error. See Balde, 943 F.3d at 95. To demonstrate plain error, a defendant "must show (1) error that (2) is clear or obvious under current law; (3) affects his substantial rights, which generally means affects the outcome of the district court proceedings; and (4) seriously affects the fairness, integrity, or public reputation of judicial proceedings." United States v. Le, 902 F.3d 104, 109 (2d Cir. 2018). Regarding the third prong, "[w]ithin the context of plea proceedings, a defendant must establish that the violation affected substantial rights and that there is a reasonable
Page 7
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.