United States v. Padilla
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The en banc First Circuit withdrew the panel's automatic vacatur of the drug testing condition for an unpreserved delegation error, applied ordinary plain error review, and allowed the sentence to stand. It did not disturb the panel's affirmance of the conviction or its conclusion that the delegation violated the statute. The later decision is listed below.
33 later cases cite United States v. Padilla; 33 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on United States v. Padilla?
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Treatments
Reversed
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The en banc First Circuit withdrew the panel's automatic reversal of an unpreserved drug testing delegation error and allowed the sentence to stand.
United States v. Padilla · First Circuit (en banc) · filed
Subsequently, a majority of the judges of this court in active service voted, sua sponte, to withdraw the panel opinion in relevant part and rehear en banc “the questions of whether, to what extent,, and in what manner plain-error review applies to improper delegations of sentencing authority of the type” that had occurred in Padilla I. United States v. Padilla, 403 F.3d 780, 780 (1st Cir.2005) (Padilla II) (order granting, rehearing en banc). We have received supplemental briefs and heard oral argument. We now overrule that portion of the panel opinion in Meléndez-Santana that requires automatic reversal for delegation errors, hold that conventional plain error principles must be applied in such cases, proceed to analyze the delegation error here under those principles, and conclude that despite the delegation error, Padilla’s sentence may stand.
Read the full opinion on CourtListener →
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