Federal sentencing appeals
Henderson v. United States
In brief
The Supreme Court overturned the Fifth Circuit’s ruling and sent Henderson’s case back, saying an error may be obvious if it was clear by the time of appeal.
- Where it stands
- Decided
Decided 6-3 · February 20, 2013 · Opinion by Justice Breyer
- What it’s about
- Armarcion Henderson challenged a sentence lengthened to give him time for a prison drug program, though he had not objected at sentencing; the Fifth Circuit found no plain error because the law was unsettled.
- Who it affects
- Appeals courts must judge whether a mistake was clear by the time of appeal, even if the law was unsettled when it happened.
Summary: written with AI from the case record.
What it's about
The Supreme Court overturned that ruling and sent the case back to the lower court (remanded), deciding an error can be “plain” under Rule 52(b) if it was clear by the time of appeal.
The dispute concerned how appeals courts review a possible mistake that a defendant did not object to at sentencing.
Question presented
1. Did the Fifth Circuit err when it held that Henderson did not preserve the error? 2. Did the Fifth Circuit err in holding that Henderson did not show plain error in his sentence?
What the Court decided
Holding
Regardless of whether a legal question was settled or unsettled at the time of trial, an error is “plain” within the meaning of Rule 52(b) so long as the error was plain at the time of appellate review. Pp. 3– 13. 646 F. 3d 223, reversed and remanded.
- Result
- Reversed
The Court's reasoning
The Court said an error may count as obvious even if the law was unsettled when the trial court acted, as long as the error was clear when the appeals court reviewed it.
The vote
From the opinions
“When the law was unsettled at the time an error was committed, the error is not “plain” within the meaning of Federal Rule of Criminal Procedure 52(b).”
What's next
The Fifth Circuit must reconsider Henderson’s appeal using that timing rule. The Supreme Court did not order a particular change to his sentence.
Documents
Opinions
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Docket activity
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AI analysis generated: Impact Analysis
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Audio Recording added: Oral Arguments - Armarcion D. Henderson v. United States
Opinion added: Opinion
More questions
- Why did the Fifth Circuit find no plain error?
- It said the law was unsettled when Henderson was sentenced, so the mistake was not clear at that time.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.