Henderson v. U.S.
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|Case Term||OT 2012|
|Question Presented||When the governing law is unsettled at the time of trial but settled in the defendant's favor by the time of appeal, should an appellate court reviewing for “plain error” apply Johnson's time-of-appeal standard, as the First, Second, Sixth, Tenth, and Eleventh Circuits do, or should the appellate court apply the Ninth Circuit's time-of-trial standard, which the D.C. Circuit and the panel below have adopted?|
|Lower Court's Decision||The time-of-trial standard applies.|
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Outcome - Reverse
This case was decided on 19 February, 2013.