1 (Slip Opinion) OCTOBER TERM, 2017

Syllabus

NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. 

## SUPREME COURT OF THE UNITED STATES

Syllabus

ROSALES-MIRELES v. UNITED STATES

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16–9493. Argued February 21, 2018—Decided June 18, 2018
Each year, district courts sentence thousands of individuals to impris

onment for violations of federal law. To help ensure certainty and fairness in those sentences, federal district courts are required to consider the advisory United States Sentencing Guidelines. Prior to sentencing, the United States Pro bation Office prepares a presen

tence investigation report to help the court determine the applicable Guidelines range. Ultimately, the di strict court is responsible for en

suring the Guidelines range it considers is correct. At times, howev

er, an error in the calculation of the Guidelines range goes unnoticed by the court and the parties. On appeal, such errors not raised in the district court may be remedied under Federal Rule of Criminal Pro

cedure 52(b), provided that, as established in United States v. Olano

, 507 U. S. 725: (1) the error was not “intentionally relinquished or abandoned,” (2) the error is plain, and (3) the error “affected the de

fendant’s substantial rights,” Molina-Martinez v. United States , 578 U. S. ___, ___. If those conditions are met, “the court of appeals should exercise its discretion to co rrect the forfeited error if the error ‘ “seriously affects the fairness, integrity or public reputation of judi

cial proceedings.” ’ ” Id., at ___. This last consideration is often called Olano ’s fourth prong. The issue here is when a Guidelines error that satisfies Olano ’s first three conditions warrants relief under the fourth prong.

Petitioner Florencio Rosales-Mireles pleaded guilty to illegal reentry into the United States. In calculating the Guidelines range, the Probation Office’s presentence report mistakenly counted a state misdemeanor conviction twice. As a result, the report yielded a Guidelines range of 77 to 96 months , when the correctly calculated range would have been 70 to 87 months. Rosales-Mireles did not ob

-2 ROSALES-MIRELES v. UNITED STATES

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ject to the error in the District Court, which relied on the miscalcu

lated Guidelines range and sentence d him to 78 months of imprison

ment. On appeal, Rosales-Mireles challenged the incorrect Guide

lines range for the first time. The Fifth Circuit found that the Guidelines error was plain and that it affected Rosales-Mireles’ sub

stantial rights because there was a “reasonable probability that he would have been subject to a different sentence but for the error.” The Fifth Circuit nevertheless declined to remand the case for resen

tencing, concluding that Rosales-Mi reles had not established that the error would seriously affect the fair ness, integrity, or public reputa

tion of judicial proceedings becaus e neither the error nor the result

ing sentence “would shock the conscience.” Held : A miscalculation of a Guidelines sentencing range that has been

determined to be plain and to affect a defendant’s substantial rights calls for a court of appeals to exercise its discretion under Rule 52(b) to vacate the defendant’s sentence in the ordinary case. Pp. 6–15.

(a) Although “Rule 52(b) is permissive, not mandatory,” Olano , 507 U. S., at 735, it is well established that courts “should” correct a for

feited plain error affecting substantial rights “if the error ‘seriously affect[s] the fairness, integrity or public reputation of judicial pro

ceedings,’ ” id., at 736. Like the narrow rule rejected in Olano, which would have called for relief only for a miscarriage of justice, the Fifth Circuit’s shock-the-conscience standard too narrowly confines the ex

tent of the court of appeals’ discretion. It is not reflected in Rule 52(b), nor in how the plain-error doctrine has been applied by this Court, which has reversed judgments for plain error based on inad

vertent or unintentional errors by the court or the parties below and has remanded cases involving such errors, including sentencing er

rors, for consideration of Olano ’s fourth prong. The errors are not re

quired to amount to a “powerful in dictment” of the system. The Fifth Circuit’s emphasis on the district judge’s “competence or integrity” also unnecessarily narrows Olano ’s instruction to correct an error if it seriously affects “judicial proceedings.” Pp. 6–8.

(b) The effect of the Fifth Circuit’s heightened standard is especial

ly pronounced in cases like this one. An error resulting in a higher range than the Guidelines provid e usually establishes a reasonable probability that a defendant will serv e a prison sentence greater than “necessary” to fulfill the purposes of incarceration, 18 U. S. C. §3553(a). See Molina-Martinez , 578 U. S., at ___. That risk of un

necessary deprivation of liberty pa rticularly undermines the fairness, integrity, or public reputation of ju dicial proceedings in the context of a plain Guidelines error because Guidelines miscalculations ulti

mately result from judicial error, as the district court is charged in the first instance with ensuring th e Guidelines range it considers is3 Cite as: 585 U. S. ____ (2018)

Syllabus

correct. Moreover, remands for resentencing are relatively inexpen

sive proceedings compared to remands for retrial. Ensuring the ac

curacy of Guidelines determinations also furthers the Sentencing Commission’s goal of achieving unif ormity and proportionality in sen

tencing more broadly, since including uncorrected sentences based on incorrect Guidelines ranges in the data the Commission collects could undermine the Commission’s ability to make appropriate revisions to the Guidelines. Because any exerci se of discretion at the fourth prong of Olano inherently requires “a case-specific and fact-intensive” inquiry, Puckett v. United States , 556 U. S. 129, 142, countervailing factors may satisfy the court of appe als that the fairness, integrity, and public reputation of the proc eedings will be preserved absent cor

rection. But there are no such factors in this case. Pp. 8–11.

(c) The Government and dissent maintain that even though the Fifth Circuit’s standard was inaccu rate, Rosales-Mireles is still not entitled to relief. But their argu ments are unpersuasive. They cau

tion that granting this type of re lief would be inconsistent with the Court’s statements that discretion under Rule 52(b) should be exer

cised “sparingly,” Jones v. United States , 527 U. S. 373, 389, and re

served for “exceptional circumstances,” Meyer v. Kenmore Granville Hotel Co. , 297 U. S. 160. In contrast to the Jones remand, however,no additional jury proceedings would be required in a remand for resentencing based on a Guidelines miscalculation. Plus, the circum

stances of Rosales-Mireles’ case are exceptional under this Court’s precedent, as they are reasonably likely to have resulted in a longer prison sentence than necessary and there are no countervailing fac

tors that otherwise further the fair ness, integrity, or public reputa

tion of judicial proceedings. The Government and dissent also assert that Rosales-Mireles’ sentence is presumptively reasonable because it falls within the corrected Guidelines range. But a court of appeals can consider a sentence’s substantiv e reasonableness only after it en

sures “that the district court committed no significant procedural er

ror, such as failing to calculate (o r improperly calculating) the Guide

lines range.” Gall v. United States , 552 U. S. 38, 51. If a district court cannot properly determine whether, considering all sentencing factors, including the correct Guide lines range, a sentence is “suffi

cient, but not greater than necessary ,” 18 U. S. C. §3553(a), the re

sulting sentence would not bear th e reliability that would support a “presumption of reasonableness” on review. See 552 U. S., at 51. And regardless of its ultimate reasonableness, a sentence that lacks reliability because of unjust procedures may well undermine public perception of the proceedings. Finally, the Government and dissent maintain that the Cour t’s decision will create an opportunity for “sandbagging” that Rule 52(b) is su pposed to prevent. But that con

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cern fails to account for the realities at play in sentencing proceed

ings, where it is highly speculat ive that a defendant would benefit from a strategy of deliberately forgoi ng an objection in the district court, with hopes of arguing for reversal under plain-error review lat

er. Pp. 12–14. 850 F. 3d 246, reversed and remanded.

S OTOMAYOR , J., delivered the opinion of the Court, in which R OBERTS , C. J., and K ENNEDY , G INSBURG , B REYER , K AGAN , and G ORSUCH , JJ., joined. T HOMAS , J., filed a dissenting opinion, in which A LITO , J., joined._________________

_________________ 1 Cite as: 585 U. S. ____ (2018)

Opinion of the Court

NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Wash

ington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. 

## SUPREME COURT OF THE UNITED STATES

No. 16–9493

FLORENCIO ROSALES-MI RELES, PETITIONER v. UNITED STATES

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
[June 18, 2018]

J USTICE S OTOMAYOR delivered the opinion of the Court.
Federal Rule of Criminal Pr ocedure 52(b) provides that a court of appeals may consider errors that are plain and affect substantial rights, even though they are raised for the first time on appeal. This case concerns the bounds of that discretion, and whether a miscalculation of the United States Sentencing Guidelines range, that has been determined to be plain and to affect a defendant’s substan

tial rights, calls for a court of appeals to exercise its dis

cretion under Rule 52(b) to vacate the defendant’s sen

tence. The Court holds that such an error will in the ordinary case, as here, seriou sly affect the fairness, integ

rity, or public reputation of judicial proceedings, and thus will warrant relief.

I A Each year, thousands of individuals are sentenced to terms of imprisonment for violations of federal law. Dis

trict courts must determine in each case what constitutes a sentence that is “sufficient, but not greater than neces

sary,” 18 U. S. C. §3553(a), to achieve the overarching2 ROSALES-MIRELES v. UNITED STATES

Opinion of the Court sentencing purposes of “retribution, deterrence, incapaci

tation, and rehabilitation.” Tapia v. United States , 564 U. S. 319, 325 (2011); 18 U. S. C. §§3551(a), 3553(a)(2). Those decisions call for the district court to exercise dis

cretion. Yet, to ensure “ ‘certainty and fairness’ ” in sen

tencing, district courts must operate within the framework established by Congress. United States v. Booker , 543 U. S. 220, 264 (2005) (quoting 28 U. S. C. §991(b)(1)(B)). The Sentencing Guidelines serve an important role in that framework. “ ‘[D]istrict courts must begin their anal

ysis with the Guidelines and remain cognizant of them throughout the sentencing process.’ ” Peugh v. United States , 569 U. S. 530, 541 (2013) (quoting Gall v. United States , 552 U. S. 38, 50, n. 6 (2007); emphasis in original). Courts are not bound by the Guidelines, but even in an advisory capacity the Guidelines serve as “a meaningful benchmark” in the initial determination of a sentence and “through the process of appellate review.” 569 U. S., at 541. Of course, to consult the applicable Guidelines range, a district court must first determine what that range is. This can be a “complex” undertaking. Molina-Martinez v. United States , 578 U. S. ___, ___ (2016) (slip op., at 4). The United States Probation Office, operating as an arm of the district court, first creates a presentence investiga

tion report, “which includes a calculation of the advisory Guidelines range it considers to be applicable .” Id., at ___ (slip op., at 3); see Fed. Rules Crim. Proc. 32(c)(1)(A), (d)(1); United States Sentencing Commission, Guidelines Manual §1B1.1(a) (Nov. 2016) (USSG). That calculation derives from an assessment of the “offense characteristics, offender characteristics, and other matters that might be relevant to the sentence.” Rita v. United States , 551 U. S. 338, 342 (2007) (internal quotation marks omitted). Spe

cifically, an offense level is calculated by identifying a base level for the offense of conviction and adjusting that level3 Cite as: 585 U. S. ____ (2018)

Opinion of the Court
to account for circumstances specific to the defendant’s case, such as how the crime was committed and whether the defendant accepted responsibility. See USSG §§1B1.1(a)(1)–(5). A numerical value is then attributed to any prior offenses committed by the defendant, which are added together to generate a criminal history score that places the defendant within a particular criminal history category. §§1B1.1(a)(6), 4A1.1. Together, the offense level and the criminal history category identify the applicable Guidelines range. §1B1.1(a)(7).

B The district court has the ultimate responsibility to ensure that the Guidelines range it considers is correct, and the “[f]ailure to calculate the correct Guidelines range constitutes procedural error.” Peugh , 569 U. S., at 537. Given the complexity of the calculation, however, district courts sometimes make mistakes. It is unsurprising, then, that “there will be instances when a district court’s sen

tencing of a defendant within the framework of an incor

rect Guidelines range goes unnoticed” by the parties as well, which may result in a defendant raising the error for the first time on appeal. Molina-Martinez , 578 U. S., at ___ (slip op., at 4). Those defendants are not entirely without recourse. Federal Rule of Criminal Pr ocedure 52(b) provides that “[a] plain error that affects substantial rights may be considered even though it was not brought to the [district] court’s attention.” In United States v. Olano , 507 U. S. 725 (1993), the Court established three conditions that must be met before a court may consider exercising its discretion to correct the error. “First, there must be an error that has not been intentionally relinquished or abandoned. Second, the error must be plain—that is to say, clear or obvious. Third, the error must have affected the defendant’s substantial rights.” Molina-Martinez , 5784 ROSALES-MIRELES v. UNITED STATES

Opinion of the Court

U. S., at ___ (slip op., at 4) (c itations omitted). To satisfy this third condition, the defendant ordinarily must “ ‘show a reasonable probability that, but for the error,’ the out

come of the proceeding would have been different.” Ibid. (quoting United States v. Dominguez Benitez , 542 U. S. 74, 76, 82 (2004)). Once those three conditions have been met, “the court of appeals should exercise its discretion to correct the forfeited error if th e error seriously affects the fairness, integrity or public reputation of judicial proceed

ings.” Molina-Martinez , 578 U. S., at ___ (slip op., at 4–5) (internal quotation marks omitted). It is this last consid

eration, often called Olano ’s fourth prong, that we are asked to clarify and apply in this case.

C Petitioner Florencio Rosales-Mireles pleaded guilty to illegal reentry in violation of 8 U. S. C. §§1326(a), (b)(2). The Probation Office in its presentence investigation report mistakenly counted a 2009 state conviction of mis

demeanor assault twice. This double counting resulted ina criminal history score of 13, which placed RosalesMireles in criminal history category VI. Combined with his offense level of 21, that yielded a Guidelines range of 77 to 96 months. Had the criminal history score been calculated correctly, Rosales-Mireles would have been in criminal history category V, and the resulting Guidelines range would have been 70 to 87 months. See USSG ch. 5, pt. A (sentencing table). Rosales-Mireles did not object to the double-counting error before the District Court. Relying on the erroneous presentence investigation report, and after denying Rosales-Mireles’ request fo r a downward departure, the District Court sentenced Rosa les-Mireles to 78 months of imprisonment, one month above the lower end of the Guidelines range that everyone thought applied. On appeal, Rosales-Mireles argued for the first time5 Cite as: 585 U. S. ____ (2018)

Opinion of the Court
that his criminal history score and the resulting Guide

lines range were incorrect because of the double counting of his 2009 conviction. Because he had not objected in the District Court, the Court of Appeals for the Fifth Circuit reviewed for plain error. 850 F. 3d 246, 248 (2017). Applying the Olano framework, the Fifth Circuit con

cluded that Rosales-Mireles had established that the Guidelines miscalculation constituted an error that was plain, satisfying Olano ’s first two conditions. It also held that the error affected Rosales-Mireles’ substantial rights, thus satisfying the third condition, because there was “a reasonable probability that he would have been subject to a different sentence but for the error.” 850 F. 3d, at 249. In reaching that conclusion, the Fifth Circuit rejected the Government’s argument that Rosales-Mireles would have received the same sentence regardless of the Guidelines error, because the District Co urt had denied a downward departure “based, in part, on Rosales-Mireles’ criminal history,” which “erroneously included an extra conviction.” Ibid. The Fifth Circuit nevertheless declined to exercise its discretion to vacate and rem and the case for resentencing because it concluded that Rosales-Mireles failed to estab

lish that the error would seriously affect the fairness, integrity, or public reputation of judicial proceedings. In its view, “the types of errors that warrant reversal are ones that would shock the conscience of the common man, serve as a powerful indictment against our system of justice, or seriously call into question the competence or integrity of the district judge.” Id. , at 250 (internal quota

tion marks and alterations omitted). Because RosalesMireles’ sentence of 78 months fell within the correct range of 70 to 87 months, the Fifth Circuit held that nei

ther the error nor the resulting sentence “would shock the conscience.” Ibid. The Fifth Circuit’s articulation of Olano ’s fourth prong6 ROSALES-MIRELES v. UNITED STATES

Opinion of the Court
is out of step with the practice of other Circuits. 1 We granted certiorari to resolve that conflict, 582 U. S. ___ (2017), and now reverse.

II A Although “Rule 52(b) is permissive, not mandatory,” Olano , 507 U. S., at 735, it is well established that courts “should” correct a forfeited pl ain error that affects sub

stantial rights “if the error ‘s eriously affects the fairness, integrity or public reputation of judicial proceedings.’ ” Id., at 736 (quoting United States v. Atkinson , 297 U. S. 157, 160 (1936); alteration omitted); see also Molina-Martinez

, 578 U. S., at ___–___ (slip op., at 4–5). The Court in Olano rejected a narrower rule that would have called for relief only “ ‘in those circumstances in which a miscarriage of justice would otherwise result,’ ” that is to say, where a defendant is actually innocent. 507 U. S., at 736 (quoting United States v. Young , 470 U. S. 1, 15 (1985)). By focus

ing instead on principles of fairness, integrity, and public reputation, the Court recognized a broader category of errors that warrant correction on plain-error review. See 507 U. S., at 736–737. Like the miscarriage-of-justi ce rule that the Court re

jected in Olano

, the Fifth Circuit’s standard is unduly restrictive. To be sure, a conclusion that an error “shock[s] the conscience of th e common man, serve[s] as a powerful indictment against our system of justice, or seriously call[s] into question the competence or integrity of the district judge,” 850 F. 3d, at 250 (internal quotation

——————

1 Compare 850 F. 3d 246, 250 (CA5 2017), with United States v. Dahl

, 833 F. 3d 345, 357, 359 (CA3 2016); United States v. Figueroa-Ocasio

, 805 F. 3d 360, 367–368, 373–374 (CA1 2015); United States v. SabillonUmana , 772 F. 3d 1328, 1333–1334 (CA10 2014) (Gorsuch, J.); United States v. Joseph , 716 F. 3d 1273, 1281 (CA9 2013); United States v. Garrett , 528 F. 3d 525, 527, 529–530 (CA7 2008).7 Cite as: 585 U. S. ____ (2018)

Opinion of the Court
marks omitted), would demand an exercise of discretion to correct the error. Limiting relief only to those circum

stances, however, too narrowly confines the extent of a court of appeals’ discretion. The “shock the conscience” standard typically is em

ployed when determining whether governmental action violates due process rights under the Fifth and Fourteenth Amendments. See County of Sacramento v. Lewis , 523 U. S. 833, 847, n. 8 (1998) (“[I]n a due process challenge to executive action, the threshold question is whether the behavior of the governmental of ficer is so egregious, so outrageous, that it may fairly be said to shock the contem

porary conscience”). This Court has said that the “shock the conscience” standard is satisfied where the conduct was “intended to injure in some way unjustifiable by any government interest,” or in some circumstances if it re

sulted from deliberate indifference. Id., at 849–850. That standard is not reflected in Rule 52(b) itself, nor in how this Court has applied th e plain-error doctrine. The Court repeatedly has reve rsed judgments for plain error on the basis of inadvertent or unintentional errors of the court or the parties below. See, e.g., Silber v. United States , 370 U. S. 717, 717–718 (1962) ( per curiam ) (revers

ing judgment for plain error as a result of insufficient indictment); Brasfield v. United States , 272 U. S. 448, 449–450 (1926) (reversing judgment for plain error where the trial judge improperly inquired of a jury’s numerical division); Clyatt v. United States , 197 U. S. 207, 222 (1905) (reversing judgment for plain error where the Government presented insufficient evidence to sustain conviction). The Court also “routinely remands” cases involving inadvert

ent or unintentional errors, including sentencing errors, for consideration of Olano ’s fourth prong with the under

standing that such errors may qualify for relief. Hicks v. United States , 582 U. S. ___, ___ (2017) (G ORSUCH , J., concurring) (slip op., at 2).8 ROSALES-MIRELES v. UNITED STATES

Opinion of the Court

The Fifth Circuit’s additional focus on errors that “serve as a powerful indictment against our system of justice, or seriously call into question the competence or integrity of the district judge,” 850 F. 3d, at 250 (internal quotation marks omitted), similarly alters the Rule 52(b) standard. The Court has never said that errors must amount to a “powerful indictment” of the system, a phrase which im

plies by its terms that the only errors worthy of correction are those that rise to the level of grossly serious miscon

duct. Similarly, the Fifth Circuit’s emphasis on the “com

petence or integrity of the district judge” narrows Olano ’s instruction that an error should be corrected if it seriously affects “judicial proceedings.” In articulating such a high standard, the Fifth Circuit substantially changed Olano ’s fourth prong.

B The effect of the Fifth Circuit’s heightened standard is especially pronounced in a case like this one. A plain Guidelines error that affects a defendant’s substantial rights is precisely the type of error that ordinarily war

rants relief under Rule 52(b). In Molina-Martinez , the Court recognized that “[w]hen a defendant is sentenced under an incorrect Guidelines range—whether or not the defendant’s ultimate sentence falls within the correct range—the error itself can, and most often will, be sufficient to show a reasonable proba

bility of a different outcome absent the error.” 578 U. S., at ___ (slip op., at 9). In other words, an error resulting in a higher range than the Guidelines provide usually estab

lishes a reasonable probability that a defendant will serve a prison sentence that is more than “necessary” to fulfill the purposes of incarceration. 18 U. S. C. §3553(a); Tapia

, 564 U. S., at 325. “To a prisoner,” this prospect of addi

tional “time behind bars is not some theoretical or mathe

matical concept.” Barber v. Thomas , 560 U. S. 474, 5049 Cite as: 585 U. S. ____ (2018)

Opinion of the Court
(2010) (K ENNEDY , J., dissenting). “[A]ny amount of actual jail time” is significant, Glover v. United States , 531 U. S. 198, 203 (2001), and “ha[s] exceptionally severe conse

quences for the incarcerated individual [and] for society which bears the direct and indirect costs of incarceration,” United States v. Jenkins , 854 F. 3d 181, 192 (CA2 2017). The possibility of additional jail time thus warrants seri

ous consideration in a determination whether to exercise discretion under Rule 52(b). It is crucial in maintaining public perception of fairness and integrity in the justice system that courts exhibit regard for fundamental rights and respect for prisoners “as people.” T. Tyler, Why Peo

ple Obey the Law 164 (2006). The risk of unnecessary deprivation of liberty par

ticularly undermines the fairness, integrity, or public rep

utation of judicial proceedings in the context of a plain Guidelines error because of the role the district court plays in calculating the range and the relative ease of correcting the error. Unlike “case[s] where trial strategies, in retro

spect, might be criticized fo r leading to a harsher sen

tence,” Guidelines miscalculations ultimately result from judicial error. Glover , 531 U. S., at 204; see also Peugh

, 569 U. S., at 537. That was especially so here where the District Court’s error in impo sing Rosales-Mireles’ sen

tence was based on a mistake made in the presentence investigation report by the Probation Office, which works on behalf of the District Court. Moreover, “a remand for resentencing, while not costless, does not invoke the same difficulties as a remand for retrial does.” MolinaMartinez , 578 U. S., at ___ (slip op., at 15) (internal quota

tion marks omitted). “A resentencing is a brief event, normally taking less than a day and requiring the attend

ance of only the defendant, counsel, and court personnel.” United States v. Williams , 399 F. 3d 450, 456 (CA2 2005). Ensuring the accuracy of Guidelines determinations also serves the purpose of “providing certainty and fairness in10 ROSALES-MIRELES v. UNITED STATES

Opinion of the Court
sentencing” on a greater scale. 28 U. S. C. §994(f); see also §991(b)(1)(B); Booker , 543 U. S., at 264. The Guidelines assist federal courts across the country in achieving uni

formity and proportionality in sentencing. See Rita , 551 U. S., at 349. To realize those goals, it is important that sentencing proceedings actually reflect the nature of the offense and criminal history of the defendant, because the United States Sentencing Commission relies on data developed during sentencing proceedings, including infor

mation in the presentence investigation report, to deter

mine whether revisions to th e Guidelines are necessary. See id., at 350. When sentences based on incorrect Guide

lines ranges go uncorrected, the Commission’s ability to make appropriate amendments is undermined. 2 In broad strokes, the public legitimacy of our justice system relies on procedures that are “neutral, accurate, consistent, trustworthy, and fair,” and that “provide op

portunities for error correcti on.” Bowers & Robinson, Perceptions of Fairness and Justice: The Shared Aims and Occasional Conflicts of Legitimacy and Moral Credibility, 47 Wake Forest L. Rev. 211, 215–216 (2012). In consider

ing claims like Rosales-Mireles’, then, “what reasonable citizen wouldn’t bear a rightly diminished view of the judicial process and its integr ity if courts refused to cor

rect obvious errors of their own devise that threaten to require individuals to linger longer in federal prison than the law demands?” United States v. Sabillon-Umana , 772 F. 3d 1328, 1333–1334 (CA10 2014) (Gorsuch, J.). In the context of a plain Guidelines error that affects substantial

——————

2 Similarly, the work of the Federal Bureau of Prisons is hindered by uncorrected Guidelines errors, because the Bureau relies, in part, on aspects of the Guidelines calculat ion in designating and classifying prisoners based on securi ty and program needs. See Federal Bureau of Prisons, Program Statement No. P510 0.08 , Subject: Inmate Security Designation and Custody Classification, ch. 2, p. 1, ch. 4, p. 8, ch. 6, p. 5 (Sept. 12, 2006).11 Cite as: 585 U. S. ____ (2018)

Opinion of the Court
rights, that diminished view of the proceedings ordinarily will satisfy Olano ’s fourth prong, as it does in this case. 3 As the Fifth Circuit itself concluded, there is a reasonable probability that, without correction of the Guidelines error, Rosales-Mireles will spend more time in prison than the District Court otherwise would have considered neces

sary. 850 F. 3d, at 249. That error was based on a mis

take by the Probation Office, a mistake that can be reme

died through a relatively inexpensive resentencing proceeding. Of course, any exercise of discretion at the fourth prong of Olano inherently requires “a case-specific and factintensive” inquiry. Puckett v. United States , 556 U. S. 129, 142 (2009); see also Young , 470 U. S., at 16–17, n. 14. There may be instances where countervailing factors satisfy the court of appeals that the fairness, integrity, and public reputation of the proceedings will be preserved absent correction. But on the facts of this case, there are no such factors. 4

——————

3 The dissent maintains that “adherin g to procedure” does not have “prime importance for purposes of the fourth prong” because the Court has held in some instances, where the error was not likely to have affected the substantive outcome, th at the procedural error alone did not satisfy Olano ’s fourth prong. Post, at 7 (opinion of T HOMAS , J.) (citing Johnson v. United States , 520 U. S. 461 (1997); United States v. Cotton , 535 U. S. 625 (2002); United States v. Marcus , 560 U. S. 258 (2010)). The cases on which the disse nt relies do not stand for the view, however, that procedural errors are unimportant or could never satisfy Olano ’s fourth prong, especially where, as here, the defendant has shown a likelihood that the error a ffected the substa ntive outcome.

4 As the dissent points out, post, at 8–9, a defendant bears the “bur

den to persuade the court that the error seriously affect[ed] the fair

ness, integrity or public reputati on of judicial proceedings.” United States v. Vonn , 535 U. S. 55, 63 (2002) (internal quotation marks omitted). In the ordinary case, proof of a plain Guidelines error that affects the defendant’s substantial ri ghts is sufficient to meet that burden.12 ROSALES-MIRELES v. UNITED STATES

Opinion of the Court

IIIThe United States and the dissent agree with RosalesMireles that the Fifth Circuit’s formulation of the stand

ard for the exercise of discretion under Rule 52(b) “is an inaccurate description” of Olano ’s fourth prong. Brief for United States 34; post, at 1, n. 1 (opinion of T HOMAS , J.) (“[T]he Fifth Circuit’s standard is higher than the one articulated in this Court’s precedents”). They nevertheless maintain that Rosales-Mireles is not entitled to relief. We are unpersuaded, though a few points merit brief discussion. First, the United States and the dissent caution that a grant of relief in Rosales-Mireles’ case and in others like his would be inconsistent with the Court’s statements that discretion under Rule 52(b) should be exercised “sparingly,” Jones v. United States , 527 U. S. 373, 389 (1999), and reserved for “exceptional circumstances,” Atkinson , 297 U. S., at 160. As an initial matter, Jones and the cases it relies on for the point that discretion should be exercised “sparingly” would have require d additional jury proceed

ings on remand, either at resentencing or retrial. See 527 U. S., at 384, 389; see also Young , 470 U. S. 1; United States v. Frady , 456 U. S. 152 (1982); Henderson v. Kibbe

, 431 U. S. 145 (1977). As we have explained, a decision remanding a case to the distri ct court for resentencing on the basis of a Guidelines miscalculation is far less burden

some than a retrial, or other jury proceedings, and thus does not demand such a high degree of caution.In any event, the circumstances surrounding RosalesMireles’ case are exceptional within the meaning of the Court’s precedent on plain-e rror review, as they are rea

sonably likely to have resulted in a longer prison sentence than necessary and there are no countervailing factors that otherwise further the fairness, integrity, or public reputation of judicial proceedings. The fact that, as a result of the Court’s holding, most defendants in Rosales

-13 Cite as: 585 U. S. ____ (2018)

Opinion of the Court

Mireles’ situation will be e ligible for relief under Rule 52(b) does not justify a decision that ignores the harmful effects of allowing th e error to persist. Second, the United States and the dissent assert that, because Rosales-Mireles’ sentence falls within the cor

rected Guidelines rang e, the sentence is presumptively rea

sonable and “less likely to indi cate a serious injury to the fairness, integrity, or public reputation of judicial proceed

ings.” Brief for United States 20–21; see also post, at 10. A substantive reasonableness determination, however, is an entirely separate inquiry from whether an error war

rants correction under plain-error review. Before a court of appeals can consider the substantive reasonableness of a sentence, “[ i]t must first ensure that the district court committed no significant procedural error, such as failing to calculate (or improperly calculat

ing) the Guidelines range.” Gall , 552 U. S., at 51. This makes eminent sense, for the district court is charged in the first instance with determining whether, taking all sentencing factors into consideration, including the correct Guidelines range, a sentence is “sufficient, but not greater than necessary.” 18 U. S. C. §3553(a). If the district court is unable properly to undertake that inquiry because of an error in the Guidelines range, the resulting sentence no longer bears the reliability that would support a “pre

sumption of reasonableness” on review. See Gall , 552 U. S., at 51. Likewise, regardless of its ultimate reasonableness, a sentence that lacks reliability because of unjust procedures may well undermine public perception of the proceedings. See Hollander-Blumoff, The Psychology of Procedural Justice in the Federal Courts, 63 Hastings L. J. 127, 132–134 (2011) (compilation of psychology re

search showing that the fairness of procedures influencesperceptions of outcomes). The mere fact that RosalesMireles’ sentence falls within the corrected Guidelines range does not preserve the fa irness, integrity, or public14 ROSALES-MIRELES v. UNITED STATES

Opinion of the Court
reputation of the proceedings. 5 Third, the United States and the dissent contend that our decision “creates the ve ry opportunity for ‘sandbag

ging’ that Rule 52(b) is supposed to prevent.” Post, at 5; Brief for United States 17–18, 27. But that concern fails to account for the realities at play in sentencing proceed

ings. As this Court repeatedly has explained, “the Guide

lines are ‘the starting point for every sentencing calcula

tion in the federal system,’ ” Hughes v. United States , 584 U. S. ___, ___ (2018) (slip op., at 9) (quoting Peugh , 569 U. S., at 542). It is hard to imagine that defense counsel would “deliberately forgo objection now ” to a plain Guide

lines error that would subject her client to a higher Guide

lines range, “because [counsel] perceives some slightly expanded chance to argue for ‘plain error’ later .” Hender

son v. United States , 568 U. S. 266, 276 (2013) (emphasisin original). Even setting aside the conflict such a strategy would create with defense counsel’s ethical obligations to represent her client vigorously and her duty of candor toward the court, any benefi t from such a strategy is highly speculative. There is no guarantee that a court of appeals would agree to a remand, and no basis to believe that a district court would impose a lower sentence upon resentencing than the court would have imposed at the original sentencing proceedings had it been aware of the plain Guidelines error.

IV For the foregoing reasons, we conclude that the Fifth

——————

5 The dissent’s discussion of Rosales-Mireles’ criminal history, post, at 9–10, misses the point. That history is relevant to the District Court’s determination of an appropriate sentence under 18 U. S. C. §3553(a). It does not help explain whether the plain procedural error in RosalesMireles’ sentencing proceedings, whic h may have resulted in a longer sentence than is justified in light of that history, seriously affects the fairness, integrity, or public reputation of judicial proceedings.15 Cite as: 585 U. S. ____ (2018)

Opinion of the Court
Circuit abused its discretion in applying an unduly bur

densome articulation of Olano ’s fourth prong and declin

ing to remand Rosales-Mireles’ case for resentencing. In the ordinary case, as here, the failure to correct a plain Guidelines error that affects a defendant’s substantial rights will seriously affect th e fairness, integrity, and public reputation of judicial proceedings. The judgment of the Court of Appeals is therefore reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered._________________

_________________ 1 Cite as: 585 U. S. ____ (2018)

T HOMAS , J., dissenting 

## SUPREME COURT OF THE UNITED STATES

No. 16–9493

FLORENCIO ROSALES-MI RELES, PETITIONER v. UNITED STATES

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
[June 18, 2018]

J USTICE T HOMAS , with whom J USTICE A LITO joins, dissenting. The Court holds that, “in the ordinary case,” a miscalcu

lation of the advisory Sentencing Guidelines range will “seriously affect the fairness, integrity, or public reputa

tion of judicial proceedings.” Ante, at 1. In other words, a defendant who does not alert the district court to a plain miscalculation of his Guidelines range—and is not happy with the sentence he receives—can raise the Guidelines error for the first time on appeal and ordinarily get another shot at a more favorable sentence. The Court’s decision goes far beyond what was necessary to answer the ques

tion presented. 1 And it contravenes long-established principles of plain-error review. I respectfully dissent.

——————

1 We granted certiorari to decide whether “the fourth prong of plain error review [demands], as the Fifth Circuit Court of Appeals required, that the error be one that ‘would shock the conscience of the common man, serve as a powerful indictment against our system of justice, or seriously call into question the compet ence or integrity of the district judge.’ ” Pet. for Cert. i; 582 U. S. ___ (2017). Although I doubt it changed the outcome in any case, I agree that the Fifth Circuit’s standard is higher than the one arti culated in this Co urt’s precedents— at least to the extent it requires an uncorrected error to “shock the conscience.” See ante, at 5–7.2 ROSALES-MIRELES v. UNITED STATES

T HOMAS , J., dissenting

I Under Federal Rule of Criminal Procedure 52(b), “[a] plain error that affects substantial rights may be consid

ered even though it was not brought to the court’s atten

tion.” (Emphasis added.) The “point of the plain-error rule” is to “requir[e] defense counsel to be on his toes.” United States v. Vonn , 535 U. S. 55, 73 (2002). Its de

manding standard is meant to “encourage timely objec

tions and reduce wasteful reversals by demanding strenu

ous exertion to get relief for unpreserved error.” United States v. Dominguez Benitez , 542 U. S. 74, 82 (2004). If the standard were not stringent, there would be nothing “prevent[ing] a litigant from ‘ “sandbagging” ’ the court— remaining silent about his objection and belatedly raising the error only if the case does not conclude in his favor.” Puckett v. United States , 556 U. S. 129, 134 (2009). Satis

fying the plain-error standard “is difficult, ‘as it should be.’ ” Id. , at 135. This Court has held that Rule 52(b) is satisfied only when four requirements are met: “(1) there is ‘an error,’ (2) the error is ‘plain,’ ” “(3) the error ‘affect[s] substantial rights,’ ” and “(4) . . . ‘the error “seriously affect[s] the fairness, integrity or public reputation of judicial proceed

ings.” ’ ” Henderson v. United States , 568 U. S. 266, 272 (2013). The fourth requirement—the one at issue here—is discretionary. Ibid. It should “be applied on a casespecific and fact-intensive basis.” Puckett

, supra , at 142. And it cannot be satisfied by “a plain error affecting sub

stantial rights . . . , without more, . . . for otherwise the discretion afforded by Rule 52(b) would be illusory.” United States v. Olano , 507 U. S. 725, 737 (1993). Instead, “only ‘particularly egregious errors’ ” will meet the fourth prong’s rigorous standard. United States v. Young , 470 U. S. 1, 15 (1985) (quoting United States v. Frady , 456 U. S. 152, 163 (1982)); see also United States v. Atkinson

, 297 U. S. 157, 160 (1936) (explaining that courts should3 Cite as: 585 U. S. ____ (2018)

T HOMAS , J., dissenting provide relief under plain-error review only in “exceptional circumstances”).

II
The Court holds that Guidelines errors will “ordi

nar[ily]” satisfy the fourth prong of plain-error review. Ante, at 15. This result contravenes several established principles from our precedents. To begin, the Court’s decision is at odds with the princi

ple that the fourth prong of plain-error review “be applied on a case-specific and fact-intensive basis.” Puckett

, supra , at 142. By holding that a Guidelines error “ordinarily will satisfy [the] fourth prong” absent “countervailing factors,” ante, at 11, the Court creates what is essentially a rebuttable presumption that plain Guidelines errors satisfy Rule 52(b). And, based on the Court’s application of it today, this presumption certainly must be difficult to rebut. The Court matter-of-fa ctly asserts, in a single sentence with no analysis, that “there are no [countervail

ing] factors” in this case that counsel in favor of affir

mance. Ante, at 11. It does so wi thout even discussing the particular details of the defendant’s crime, what happened at his sentencing, the reasoning that the District Court employed, the difference between the defendant’s calculated Guidelines range and the correct one, or where his sen

tence fell relative to the co rrect Guidelines range. This approach is neither “case-spe cific” nor “fact-intensive.” Puckett

, supra , at 142. The Court candidly admits as much. See ante, at 11, n. 4. But this is exactly the kind of

“‘

per se approach to plain-error review’ ” that we have consistently rejected. Puckett

, supra , at 142. The Court’s rebuttable presumption also renders the fourth prong of plain-error review “illusory” in most Guidelines cases. Olano

, supra , at 737. The Court ex

pressly states that Guidelines errors will satisfy the fourth prong in “the ordinary case.” Ante, at 15. But this Court4 ROSALES-MIRELES v. UNITED STATES

T HOMAS , J., dissenting has repeatedly held that the fourth prong limits courts’ discretion to “correct[ing] only ‘particularly egregious errors.’ ” Young

, supra , at 15. Because Rule 52(b) “ ‘is not a run-of-the-mill remedy,’ ” Frady

, supra , at 163, n. 14, relief should be granted “sparingly” in “ ‘the rare case,’ ” Jones v. United States , 527 U. S. 373, 389 (1999), and only in “exceptional circumstances,” Atkinson

, supra , at 160. Today’s decision turns that principle on its head by mak

ing relief available “in the ordinary case.” Ante, at 1. The Court asserts that relie f under plain-error review need not be exceptional or rare when a remand would not require “additional jury proceedings.” Ante, at 12. But that distinction has no basis in the text of Rule 52(b) or this Court’s precedents. The only Rule 52(b) precedent that the Court cites for this assertion is Molina-Martinez

v. United States , 578 U. S. ___, ___ (2016) (slip op., at 15). See ante, at 9. That decision rejected the Fifth Circuit’s categorical rule requiring defendants to present “additional evidence” (beyond the Guidelines error itself) to prove prejudice under the third prong of plain-error review. See 578 U. S., at ___–___ (slip op., at 8–9). In dicta it suggested that, “in the ordinary case,” the Guidelines error would be enough to satisfy the third prong’s requirement that the error affect substantial rights. Id. , at ___ (slip op., at 15). And it rebuffed the Government’s pragmatic “concern over the judicial resources needed” if Guidelines errors usually satisfy the third prong of plain-error review. Id. , at ___ (slip op., at 14). But Molina-Martinez did not discuss the fourth prong of plain-error re view, which is at issue here and is an independent requirement, see Olano

, supra , at 737. Nor did it relax the plain-error standard whenever reversal would not require “add itional jury proceedings.” Ante, at 12. Thus, Molina-Martinezgives no support to the Court’s innovation. Additionally, the Court’s encouragement of remands based on ordinary Guidelines errors undermines “the5 Cite as: 585 U. S. ____ (2018)

T HOMAS , J., dissenting
policies that underpin Rule 52(b).” Dominguez Benitez

, 542 U. S., at 82. As explained, the plain-error standard encourages defendants to make timely objections in order to avoid sandbagging and to prevent wasteful reversals and remands. After today, however, most defendants who fail to object to a Guidelines error will be in virtually the same position as those who do. Today’s decision, especially when combined with Molina-Martinez , means that plain Guidelines errors will satisfy Rule 52(b) in all but the unusual case. That creates the very opportunity for “sandbagging” that Rule 52(b) is supposed to prevent, Puckett , 556 U. S., at 134 (internal quotation marks omit

ted), by allowing a defendant who is aware of a mistake in the presentence report to “simply relax and wait to see if the sentence later str[ikes] him as satisfactory,” Vonn , 535 U. S., at 73. Oddly, defendants who do not object to a Guidelines error could be in a better position than ones who do. An objection woul d give the district court a chance to explain why it would “arrive at the same sen

tencing conclusion” even if the defendant was correct about an alleged Guidelines error, which would “mak[e] clear” that the Guidelines e rror did not “adversely affect the defendant’s ultimate sentence.” United States v. Sabillon-Umana , 772 F. 3d 1328, 1334 (CA10 2014). Today’s decision thus inverts Rule 52(b) by giving defend

ants an incentive to withhold timely objections and

“ ‘game’ the system.” Puckett

, supra , at 140.

III Even if it were appropriate to create rebuttable pre

sumptions under the fourth prong of plain-error review, the Court is wrong to conclude that the “ordinary” Guide

lines error will “seriously affect the fairness, integrity, or public reputation of judicial proceedings.” Ante, at 1. Whether a district court’s failure to correctly calculate the advisory Guidelines range satisfies the fourth prong of6 ROSALES-MIRELES v. UNITED STATES

T HOMAS , J., dissenting
plain-error review will depend on the circumstances of each case. And the circumstances of this case prove the folly of the Court’s presumption.

A The Court asserts that plain Guidelines errors must ordinarily be corrected to ensure that defendants do not “linger longer in federal prison than the law demands.” Ante, at 10 (internal quotation marks omitted). But the Guidelines are not “law.” They neither “define criminal offenses” nor “fix the permi ssible sentences for criminal offenses.” Beckles v. United States , 580 U. S. ___, ___ (2017) (slip op., at 5) (emphasis deleted). Instead, they are purely “advisory” and “merely guide the district courts’ discretion.” Id., at ___ (slip op., at 8). They provide advice about what sentencing range the Sentencing Commission believes is appropriate, “but they ‘do not constrain’ ” dis

trict courts. Ibid. Accordingly, district courts are free to disagree with the Guidelines range, for reasons as simple as a policy disagreement with the Sentencing Commission. See Pepper v. United States , 562 U. S. 476, 501 (2011); 18 U. S. C. §3661. In fact, dist rict courts commit reversible error if they “trea[t] the Guidelines as mandatory.” Gall v. United States , 552 U. S. 38, 51 (2007). Although the Guidelines range is one of the factors that courts must consider at sentencing, 18 U. S. C. §3553(a), judges need not give the Guidelines range any particular weight. The only thing that “the law demands” is that a defendant’s sentence be substantively reasonable and within the applicable statutory range. See Jones v. United States

, 577 U. S. ___, ___–___ (2015) (Scalia, J., dissenting from denial of certiorari) (slip op., at 1–2); Kimbrough v. United States , 552 U. S. 85, 113–114 (2007) (Scalia, J., concurring). The Court also justifies its presumption by repeatedly stressing the importance of procedural rules to the public’s7 Cite as: 585 U. S. ____ (2018)

T HOMAS , J., dissenting
perception of judicial proceedings. See ante, at 10 ( “ [T]he public legitimacy of our justice system relies on proce

dures”); ante, at 13 (“[U]njust procedures may well un

dermine public perception of [sentencing] proceedings”). It even cites a hodgepodge of psychological studies on proce

dural justice. Ante , at 13 (citing Hollander-Blumoff, The Psychology of Procedural Justice in the Federal Courts, 63 Hastings L. J. 127, 132–134 (2011) (Hollander-Blumoff)). Putting aside the obvious problems with this research, 2 the Court contradicts our precedents by suggesting that adhering to procedure has prime importance for purposes of the fourth prong. This Court has repeatedly concluded that purely procedural errors—ones that likely did not affect the substantive outcome—do not satisfy the fourth prong of plain-error review. In Johnson v. United States

, 520 U. S. 461 (1997), for example, the District Court failed to submit a materiality element to the jury, but this Court found that the fourth prong of plain-error review was not

——————

2 The article that the Court cites makes broad claims based on limited research. For instance, the article st ates that, “[w]hen people feel that they have received fair treatment, they are more likely to adhere to, accept, and feel satisfied with a give n outcome, and to view the system that gave rise to that outcome as legitimate.” Hollander-Blumoff, 134. But the only support it provides for that proposition is a telephone survey of a few hundred Chicago residents. See id., at 134, n. 37 (citing T. Tyler, Why People Obey th e Law 162 (2006)); see also id., at 8–15 (explaining the study’s methodology) . The article also draws conclu

sions about the general importance of “procedural justice” in court, based on marginally relevant studies of noncourt settings such as “arbitration and mediation,” intera ctions with “police officers” and “work supervisors,” and “highly relati onal settings like the family.” See Hollander-Blumoff 132–134. Crucially, none of this research has any bearing on the far more complicated qu estion of “procedural justice” at issue here: whether it is presumptiv ely unfair to penalize a defendantwho fails to object to an error until appeal. The contemporaneousobjection rule, after all, is also a procedural rule that affects the fair

ness, integrity, and reputati on of judicial proceedings.8 ROSALES-MIRELES v. UNITED STATES

T HOMAS , J., dissenting satisfied because “the evidence supporting materiality was ‘overwhelming.’ ” Id., at 470. Reversal based on errors that have no actual “ ‘effect on the judgment,’ ” this Court explained, “ ‘encourages litigants to abuse the judicial process and bestirs the public to ridicule it.’ ” Ibid. (quot

ing R. Traynor, The Riddle of Harmless Error 50 (1970)). Similarly, in United States v. Cotton , 535 U. S. 624 (2002), the indictment failed to allege a fact that increased the statutory maximum, but the evidence of that fact “was ‘overwhelming’ and ‘esse ntially uncontroverted.’ ” Id., at 633. This Court held that reversing a defendant’s sen

tence based on such a technicality would be “[t]he real threat . . . to the ‘fairness, integrity, and public reputation of judicial proceedings.’ ” Id., at 634. And in United States

v. Marcus , 560 U. S. 258 (2010), the Second Circuit had held that an ex post facto error automatically satisfies the plain-error standard, “ ‘no matter how unlikely’ ” it was that the jury actually convicted the defendant based on conduct that predated the statute of conviction. Id., at 261 (emphasis deleted). In reversing that decision, this Court emphasized that, “in most circumstances, an error that does not affect the jury’s verdict does not significantly impugn the ‘fairness,’ ‘integrity,’ or ‘public reputation’ of the judicial process.” Id., at 265–266. Thus, the Court is mistaken when it asserts that, because Guidelines errors are procedural mistakes, they are particularly likely to implicate the fourth prong of plain error.

B While the Court holds that the ordinary Guidelines error will satisfy the fourth prong of plain-error review, it admits that there can be “instances where countervailing factors” preclude defendants from satisfying the fourth

prong. Ante, at 11. Because the Court does not question our existing plain-error precedents, see ante, at 12, the burden presumably remains on defendants to establish9 Cite as: 585 U. S. ____ (2018)

T HOMAS , J., dissenting
that there are no such countervailing factors, and to per

suade the appellate court that any countervailing factor identified by the Governme nt is insufficient. See Vonn

, 535 U. S., at 63 (“[A] defendant has the further burden to persuade the court that the error seriously affect[ed] the fairness, integrity or public reputation of judicial proceed

ings” (internal quotation marks omitted)); Dominguez Benitez , 542 U. S., at 82 (“[T]he burden of establishing entitlement to relief for plai n error is on the defendant claiming it”). But the Court does not explain what the defendant in this case has done to satisfy his burden. If this case is an ordinary one, it highlights the folly of the Court’s new rebuttable presumption. Petitioner Flor

encio Rosales-Mireles has a penchant for entering this country illegally and committing violent crimes—especially against women. A Mexican citizen, RosalesMireles entered the United States illegally in 1997. In 2002, he was convicted of assault for throwing his girl

friend to the floor of their apartment and dragging her outside by her hair. In 2009, he was convicted of aggra

vated assault with serious bodi ly injury and assault caus

ing bodily injury to a family member. 3 His convictions stemmed from an altercation in which he attempted to stab one man and did stab another—once in the shoulder and twice in the chest. In January 2010, Rosales-Morales was removed to Mexico. But that same month he reen

tered the United States illegally. In 2015, he was convicted in Texas state court of assaulting his wife and 14-year-old son. During the altercation, Rosales-Mireles grabbed his wife by the hair and punched her in the face repeatedly.

——————

3 These assaults occurred in 2001, but Rosales-Mireles was not ar

rested for years—apparently because he was going by the name “Emilio Ruiz” at the time of the assaults. When Rosales-Mireles was eventually arrested in 2009, he had two outstanding warrants for other assaults of his wife.10 ROSALES-MIRELES v. UNITED STATES

T HOMAS , J., dissenting
Most recently, Rosales-Mireles pleaded guilty to illegal reentry. See 8 U. S. C. §§1326(a), (b)(2). The District Court sentenced him to 78 months in prison, which was within the Guidelines range he argued for on appeal. See ante, at 4. In choosing that sentence, the District Court emphasized that it was “the se cond time he’s come to the courts for being here illegally”; that he had “attempted to hide in the United States with multiple aliases, birth dates, [and] Social Security numbers”; and that his “as

saultive behavior” spanned from “at least . . . 2001 to 2015.” App. 20. The sentence that Rosales-Mireles received was not only within both the improperly and properly calculated Guide

lines ranges but also in the bottom half of both possible ranges. See ante, at 4. If the District Court had used the proper Guidelines range at his initial sentencing, then the sentence that it ultimately gave Rosales-Mireles would have been presumptively reasonable on appeal. See 850 F. 3d 246, 250 (CA5 2017); Rita v. United States , 551 U. S. 338, 347 (2007). And the Fifth Circuit determined that his sentence was in fact reasonable. See 850 F. 3d, at 250– 251. Leaving that reasonable sentence in place would not

“ ‘seriously affect the fairness, integrity, or public reputa

tion of judicial proceedings.’ ” Young , 470 U. S., at 15. A sentence that is substantively reasonable is hardly the kind of “particularly egregious erro[r]” that warrants plain-error relief. Frady , 456 U. S., at 163.

* * * Rule 52(b) strikes a “careful balance . . . between judicial efficiency and the redress of injustice.” Puckett , 556 U. S., at 135. Because today’s decision upsets that balance for scores of cases involving Guidelines errors, I respectfully dissent.