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Cerritos v. United States

Updated Sep 20, 2026

In brief

The Supreme Court refused to hear Cerritos's case, leaving the Fourth Circuit's ruling in place without deciding the legal question.

Where it stands
Decided

Decided · May 4, 2020

What it’s about
The Supreme Court denied review of Cerritos’s challenge to the Fourth Circuit’s use of plain-error review for a jury-instruction omission that became legally significant only after his trial.
Who it affects
The Fourth Circuit's ruling remained in place for Cerritos, but the Supreme Court did not decide whether using plain-error review was correct.

Summary: written with AI from the case record.

Illustration for Cerritos v. United States
Conceptual illustration · AI-generated

What it's about

The Fourth Circuit’s ruling therefore remained in place, and the United States prevailed.

The dispute arose because the Supreme Court had not established the required offense element until after Cerritos's trial.

Question presented

Whether the court of appeals erred in holding that a defendant’s failure to object to the omission of an element of an offense from a jury instruction is subject to plain-error review under Federal Rule of Criminal Procedure 52(b) even if the element was not established by the Supreme Court until after the defendant’s trial?

What the Court decided

Holding

Petition DENIED.

What's next

This Supreme Court docket action is finished. The Fourth Circuit's ruling remains in place in Cerritos's case, and the Supreme Court's order gives no answer to the plain-error question.

Documents

2

Docket activity

22
  • New analysis added

    Sep 20, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 20, 2026 · Generated

  • New analysis added

    Sep 19, 2026 · Court records

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    Sep 19, 2026 · Court records

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    Sep 19, 2026 · Court records

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    Sep 19, 2026 · Court records

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    Sep 19, 2026 · Court records

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    Sep 19, 2026 · Court records

Older entries are on the full docket.

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.

Checked Sep 20, 2026Methodology

Court records and filings

Reporting and analysis