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No. 16-9493October Term 2017Decided Jun 18, 2018

Docket 16-9493October Term 2017 (2017–2018)

Rosales-Mireles v. United States

Florencio Rosales-Mireles pleaded guilty to illegal reentry, but his sentencing range was miscalculated due to an error in his criminal history score.

Case status

Current stage
Decided
Latest event
Decision released Jun 18, 2018
Case Accepted
Arguments
Decision ReleasedJun 18, 2018
What it's about

Florencio Rosales-Mireles pleaded guilty to illegal reentry, but his sentencing range was miscalculated due to an error in his criminal history score. The Supreme Court ruled that such a plain error affecting a defendant's substantial rights generally requires an appeals court to vacate the sentence, rejecting the lower court's overly restrictive standard.

Question presented

Whether the Fifth Circuit’s standard for finding “plain error” under Federal Rule of Criminal Procedure 52(b) when a defendant is sentenced under an incorrectly calculated Guidelines range—that the error must “shock the conscience”—conflicts with this Court’s decision in Molina-Martinez v. United States, 136 S. Ct. 1338 (2016).

Case path

United States Court of Appeals for the Fifth Circuit / Decision released Jun 18, 2018

Area

Criminal Procedure

Timing

Decided June 18, 2018

The Court released its decision on June 18, 2018 without hearing oral argument.

Grounding

Grounding
Primary-source trail available.
Note
Plain-English explainer. Official filings and opinions remain authoritative.
Checked
May 31, 2026
Primary materials5