henderson argued november decided february federal appeals normally correct legal error made criminal trial unless defendant first brought error trial attention olano federal rule criminal procedure provides exception permitting plain error affects substantial rights considered even though brought trial attention district increased length petitioner henderson sentence participate prison drug rehabilitation program henderson counsel object sentence appeal henderson claimed district plainly erred increasing sentence solely rehabilitative purposes appeal pending decided tapia error impose lengthen prison sentence enable offender complete treatment program otherwise promote rehabilitation meant district sentence erroneous fifth circuit determined rule give authority correct error concluded error plain rule clear current law time trial case circuit law unsettled tapia decided held regardless whether legal question settled unsettled time trial error plain within meaning rule long error plain time appellate review pp question whether error must plain time committed time reviewed reflects two competing legal principles principle right may forfeited case timely asserted tribunal jurisdiction determine favors limiting assessment plainness time error commission see olano supra rule appellate must apply law effect time renders decision favors assessing plainness time review see thorpe housing authority durham neither principle absolute conflict decided looking one rather text rule also leaves open temporal question relevant precedent directly answer question olano said rule authorizes appeals correct forfeited error error plain affect substantial rights affect fairness integrity public reputation judicial proceedings johnson concluded trial decision clearly correct circuit law made becomes clearly contrary law time appeal enough error time appellate consideration however neither case addressed rule apply law unsettled time error plain time review pp precedent read light underlying background principles leads conclusion rule plain error phrase applies time review plain error covers trial decisions plainly correct made plainly incorrect made cover cases middle law neither clearly correct incorrect unsettled time trial decision hold contrary lead unjustifiably different treatment similarly situated individuals practical reason treat defendant harshly simply circuit law unclear time trial even time error rule provide added incentive counsel call trial judge attention matter judge quickly consider remedial action incentive little practical importance since counsel normally good reasons calling trial attention potential error advantage counsel client error speedily corrected sum contrast time error rule time review interpretation furthers basic principle appellate must apply law effect time renders decision thorpe supra works little practical harm upon competing administrative principle insists counsel call potential error trial attention consistent rule basic purpose creating exception general requirement objection made trial preserve claim error pp government arguments contrary unpersuasive claim appellate courts consider errors counsel called trial attention errors independently recognized overlooks way rule restricts appellate authority correct error errors fact seriously affect fairness integrity public reputation judicial proceedings government also fears holding lead many plain error claims new rule law set appellate automatically lead consider contrary determinations trial courts plainly erroneous given lower decisions questionable plainly wrong fall outside rule scope given error must affected defendant substantial rights affected fairness integrity public reputation judicial proceedings finally government textual argument rule written mostly past tense whatever merits foreclosed johnson pp reversed remanded breyer delivered opinion roberts kennedy ginsburg sotomayor kagan joined scalia filed dissenting opinion thomas alito joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press armarcion henderson petitioner writ certiorari appeals fifth circuit february justice breyer delivered opinion federal appeals normally correct legal error made criminal trial proceedings unless defendant first brought error trial attention see olano federal rule criminal procedure creating exception normal rule says plain error affects substantial rights may considered even though brought trial attention emphasis added rule say explicitly however time error must plain must lower ruling plainly erroneous time lower made error error still count plain erroneous nature ruling plain time appellate review case us concerns district decision substantive legal question unsettled time trial acted thus foreclosing possibility error plain case final time direct appellate review however question become settled defendant favor making trial error plain later time view long error plain later time time appellate review error plain within meaning rule appeals may conside error even though brought trial attention fed rule crim proc early armarcion henderson petitioner pleaded guilty federal district charge felon possession firearm district judge accepted plea june sentenced henderson prison term months ibid judge entered longer sentence try help henderson qualifying drug rehabilitation program program provide treatment counse ing defendant needs right app pet cert henderson counsel object indeed judge asked counsel reason sentence stated imposed counsel replied procedurally ibid subsequently henderson appealed claiming among things district plain ly erred sentencing prison term solely rehabilitative purposes henderson sentenced henderson appeal heard decided tapia held error impose lengthen prison sentence enable offender complete treatment program otherwise promote rehabilitation slip given tapia henderson sentence unlawful district decision impose sentence erroneous since henderson counsel objected trial appeals correct error unless rule applied rule however applies error plain error plain tapia plain tapia thus fifth circuit determine temporal scope rule words plain error appeals decided rule give authority correct trial error appellate panel pointed efore tapia circuit split whether district consider defendant rehabilitative needs lengthen sentence ibid panel added fifth circuit pronounced question henderson sentenced ibid thus time district reached decision law circuit unsettled appeals concluded henderson show error case plain error plain clear current law time trial ibid internal quotation marks omitted fifth circuit denied rehearing en banc divided vote per curiam henderson filed petition certiorari granted petition resolve differences among circuits compare cordery time review mouling cadc time error ii time determining plainness time error committed error plain plain time error reviewed question reflects conflict two important competing legal principles one hand procedural principle familiar constitutional right right sort forfeited criminal well civil cases failure make timely assertion right tribunal jurisdiction determine olano quoting yakus principle favors assessing plainness limited time error committed hand general rule appellate must apply law effect time renders decision thorpe housing authority durham see ziffrin indeed chief justice marshall wrote long ago general true province appellate enquire whether judgment rendered erroneous subsequent judgment decision appellate law intervenes positively changes rule governs law must obeyed obligation denied case must decide according existing laws necessary set aside judgment rightful rendered affirmed violation law judgment must set aside schooner peggy cranch principle favors assessing plainness time review rule makes clear first principle absolute indeed said undeviating judicially declared practice courts review invariably circumstances decline consider questions previously specifically urged harmony rules fundamental justice olano supra quoting hormel helvering ellipsis original neither second principle absolute even new rule law issue rule give appeals authority overlook failure object unless error affect substantial rights also seriously affect fairness integrity public reputation judicial proceedings olano supra internal quotation marks omitted brackets original two principles point different directions neither absolute decide conflict simply looking one rather text rule resolve problem say appeals may consider error plain language look past rather simply says appeals may consider plain error language leaves temporal question open see infra neither precedent answer temporal question least directly olano clearly relevant said rule authorizes appeals correct forfeited error error error plain error affect substantial rights internal quotation marks omitted pointing rule permissive mandatory added standard guide exercise remedial discretion rule whether error affect fairness integrity public reputation judicial proceedings quoting atkinson brackets original time said need consider special case error unclear time trial becomes clear appeal applicable law clarified case us johnson also relevant considered trial decision clearly correct circuit law made time review become plainly erroneous due intervening authoritative legal decision concluded law time trial settled clearly contrary law time appeal enough error time appellate consideration olano however declined decide whether rule apply law unsettled time error plain time review said precisely case us text precedents background principles directly dictate result prior precedent helped shape current law precedent read light underlying principles leads us interpret rule phrase plain error applying time review given johnson time error interpretation prove highly unfairly anomalous consider lay legal land one doubts error trial judge ordinarily fall within rule word plain long trial decision plainly incorrect time made olano supra much common ground johnson adds least one circumstance error trial judge also fall within rule word plain even judge plainly incorrect time made circumstance error plain even trial judge decision plainly correct time made subsequently becomes incorrect based change law since definition trial judge commit plain error time ruling johnson explicitly rejects applying words plain error time trial judge acted instead johnson deems enough error time appellate consideration error fall within rule category plain error ibid rule words plain error cover trial decisions plainly correct time judge made decision trial decisions plainly incorrect time judge made decision also cover cases middle law time trial judge decision neither clearly correct incorrect unsettled hold contrary bring unjustifiably different treatment similarly situated individuals imagine three virtually identical defendants different circuit sentenced january identical long prison terms given long sentences reason namely obtain rehabilitative treatment imagine none raises objection june holds form sentencing unlawful december three different circuits considers claim trial judge prison term constituted legal error imagine first circuit law january made trial decision clearly lawful time judge made second circuit law january made trial decision clearly unlawful time judge made third circuit law january unsettled apply rule words plain error time appellate review treat three defendants alike permit three go argue appellate trial error affected substantial rights seriously affect ed fairness integrity public reputation judicial proceedings olano supra internal quotation marks omitted interpret plain error differently however treat three virtually identical defendants differently allowing first two defendants third defendant potentially qualify rule relief three defendants suffered legal error three failed object three benefit new legal interpretation reason give two three defendants benefits new rule law third cf schooner peggy cranch practical ground making distinction contrary distinguish treat harshly cases circuit law unclear simply promote arguments whether law circuit initially unclear rather clearly settled one way arguments likely particularly difficult resolve issue matter legal degree kind extent example prosecutor closing argument go far road prejudice time error interpretation also require courts appeals play kind temporal looking law decide whether error exists looking law decide whether error plain looking circumstances decide whether defendant satisfied olano third fourth criteria thus time error interpretation make appellate process yet complex time consuming recognize solicitor general points time error rule even confined instances law uncertain cases provide added incentive counsel call lower judge attention matter time judge quickly take remedial action even remedy offered lower judge analysis may help appeals decide legal question see brief see also mouling disagree solicitor general however also believe present context added incentive little practical importance counsel normally good reasons calling trial attention potential error example normally advantage counsel client get error speedily corrected even counsel rely upon plain error rule make failure object trial rule help law changes defendant favor change comes trial appeal decided error affected defendant substantial rights error seriously affect ed fairness integrity public reputation judicial proceedings olano internal quotation marks omitted lawyer deliberately forgo objection perceives slightly expanded chance argue plain error later suspect like unicorn finds home imagination courtroom upshot time review interpretation furthers basic schooner peggy principle appellate must apply law effect time renders decision thorpe works little practical harm upon competing administrative principle insists counsel call potential error trial attention consistent basic purpose rule namely creation exception general requirement objection made trial see supra time competing time error rule step precedents creates unfair anomalous results works practical administrative harm thus direct appeals cases yet final consider time review interpretation better reading rule words plain error iii solicitor general makes several important arguments fail lead us different conclusion first government argues purpose review ensure integrity trial proceedings brief turn argument goes appellate courts consider errors counsel called attention errors trial known regardless namely plain expanding theme one appeals described plain error error obvious competent district judge able avoid without benefit objection state law unclear trial becomes clear result later authority district error perforce plain expect district judges knowledgeable clairvoyant turman citation omitted approach however overlooks way rule rule restricts appellate authority correct error errors fact seriously affect fairness integrity public reputation judicial proceedings cf farrell considering issue perspective approach runs headlong johnson error johnson error district known time opposite district judge known ruling time made error perhaps even clairvoyance led hold contrary cf khan state oil registering disagreement precedent following nonetheless state oil khan approving approach rather johnson makes clear review grading system trial judges broader purposes including part allowing courts appeals better identify instances application new rule law cases appeal meet demands fairness judicial integrity see johnson olano second government fears holding lead many claims plain error brief courts appeals clarify law opinions appeals defendants including many never objected insist appeals judge cases according new rule plain error cases disappear leaving simple error stead answer claim new rule law set forth appellate automatically lead consider contrary determinations trial courts plainly erroneous many new rules pointed concern matters degree kind lower ruling matters say nature closing argument even wrong light new appellate holding necessarily plainly wrong rule requirement error plain means lower decisions questionable plainly wrong time trial time appeal fall outside rule scope reasons concluding holding open plain error floodgates said rule contains screening criteria error must affected defendant substantial rights must seriously affected fairness integrity public reputation judicial proceedings olano supra courts apply latter criteria fact defendant object despite unsettled law may well count grant rule relief moreover problem arises new rule law law previously unsettled district reached decision contrary subsequent rule limitations may well explain absence account us plain error inundation circuits already follow interpretation adopt see farrell supra cordery garcia ross finally government points rule written mostly past tense says plain error may considered even though brought attention emphasis added use past tense government argues refers plain error brought attention back error occurred linguistic fact turn means error must plain time brief whatever merits textual argument however johnson forecloses error issue case even error let alone plain time defendant might brought attention nonetheless found error plain error square government textual argument holding case iv reasons conclude whether legal question settled unsettled time trial enough error time appellate consideration second part olano test satisfied johnson supra contrary judgment appeals reversed case remanded proceedings consistent opinion ordered scalia dissenting armarcion henderson petitioner writ certiorari appeals fifth circuit february justice scalia justice thomas justice alito join dissenting law unsettled time error committed error plain within meaning federal rule criminal procedure hold otherwise disregards importance claim preservation deprives rule plainness limitation conceivable purpose begins analysis misconceiving task thinks order resolve supposed conflict two competing legal principles ante principle legal right may forfeited failure assert timely fashion principle appellate must apply law effect time judgment begin conflict forfeiture rules establish exceptions legal rights qualify like exceptions conflict modify rather mark scope second task case exalted philosophical one deciding justice lies presumed rightly congress taken consideration approving rules criminal procedure alas mundane lawyerly task deciding whether rules criminal procedure make failure timely objection exception rule appellate applies law effect time judgment addressed wrong question unsurprisingly gives wrong answer correct answer must sought text federal rules criminal procedure beginning rule provides party may preserve claim error informing ruling order made sought action party wishes take party objection action grounds objection emphasis added surely means party preserve claim error assert appeal whatever law point may unless informs objects action ruling order made sought mean means nothing move rule says plain error affects substantial rights may considered even though brought trial attention meaning difficult grasp exception rule rule forfeiture exception applies plain error question us whether plainness means plainness time trial ruling order made sought plainness case reaches appeals answer question seems entirely clear rudimentary principle textual interpretation commonsensical scarcely needs citation one interpretation ambiguous provision causes serve purpose consistent entire text interpretation renders pointless former prevails limiting review forfeited errors plain objection made serves purpose consistent rule permits reviewing courts correct error thwart objective causing objections made good objection much needed error plain prosecution fault overlooking error solely defendant must shared equally prosecutor affirmed principle affirmed proposition plainness determined trial stage prior opinions terms recourse may rule appeal trial infected error trial judge prosecutor derelict countenancing even absent defendant timely assistance detecting frady error trial plain rationale penalizing forfeiture weakest injustice defendant correspondingly strong hand unable provide purpose served plainness requirement applied case reaches appeals consider two defendants circuit fail object identical error committed trial unsettled law happenstance defendant appeal considered first appeals recognizes error denies relief law unclear time appeals opinion defendant appeal heard later reaps benefit opinion defendant case settling law favor possible purpose served distinguishing two appellants negligence raising error equivalent regardless happens time appeal en banc smith dissenting since doctrine sort possibly induce counsel make contemporaneous objection seemingly purpose whatever except create described anomaly quite true serve purpose enabling today opinion say rule preserved entirely converted rule course rule mistakes affecting substantial rights corrected appeal better serve mistaken understanding purpose rule fairness ante combined erroneous perception defendants fail make timely objection misapplication law stand boat see ante rule contrary clear text rule tempers rule fairness error plain must find application plainness requirement even one utterly pointless done ii contends evaluating plainness level runs headlong johnson ante error points error district known time ibid johnson decided way whatever stage plainness requirement evaluated since found error meet final requirement olano forfeited error affect fairness integrity public reputation judicial proceedings accept however said johnson presumably hold future cases situation presented case plainness time appeal suffice situation law settled defendant trial became plain favor time appeal narrow class cases rule promotes fairness efficiency concerns rule law settled defendant trial remiss failing bring claim error attention futile objection therefore disserve efficiency rule result counsel inevitably making long virtually useless laundry list objections rulings plainly supported existing precedent unique context approach actually furthers substantial interest orderly administration justice underlies contemporaneous objection rule david wrote johnson circumspect opinion took pains exclude method articulated case us agreeing petitioner situation rule impede rather assist fairness efficiency opinion said case law time trial settled clearly contrary law time appeal enough error time appellate consideration limitation opinion clear concerns justified evaluating plainness time appeal johnson cut rule law clear uncertain time trial difficult often hectic process conducting trial judge depends parties officers flag issues might otherwise escape notice prompt claim error circumstances futile eminently useful hypothesizes three defendants failing object trial ruling later case reaches appeals shown opinion error one tried circuit whose law time clearly accorded holding one tried circuit whose law clearly contradicted holding one tried circuit whose law point uncertain ante defendants asserts similarly situated rule appropriately treats alike similarly situated insofar purposes rules concerned treating alike frustrates purposes circuit law clearly accorded later opinion trial known law hence raising point counsel needed classic case reversal appeal circuit law clearly contradicted later opinion trial known law counsel raising point futile wasteful rather sparing judicial resources classic case johnson reversal appeal circuit law unsettled trial need counsel assistance failure provide excuse classic case normal application requirement rule sure litigants alike three suffered legal error ante sole unqualified objective appellate review correct error suffice entitle equal treatment today however objective correcting error qualified objective inducing counsel bring forward claims error remedied without overturning verdict setting convicted criminal defendant free overlook counsel failure object spend judicial resources conduct review set aside criminal conviction retrial may difficult impossible exactly disavowed young quoting henderson kibbe turn quoting namet iii sees harm evisceration rule disbelieving lawyer deliberately forgo objection perceives slightly expanded chance argue error later ante hard say whether conclusion springs touching faith good sportsmanship criminal defense counsel unkind disparagement intelligence criminal case always trial shown sure loser jury makes entire sense stand silent makes mistake may basis undoing conviction thought counsel deliberately forgo objection delusion hitherto indulged worrying opinion joined author today opinion counsel remaining silent objection belatedly raising error case conclude favor puckett event sandbagging evil feared feared even lessening counsel diligent efforts identify uncertain points law bring rather defendant version attention error never occur remarkably naïve disbelieve proposition lessening costs noncompliance rule diminishes incentives diligent objecting see meltzer state forfeitures federal rights harv rev meant apply exceptional circumstances atkinson rule today transformed around consequences claim forfeiture final argument rule wor practical administrative harm ante even peculiar rest opinion whatever administrative ease may flow rule moment outweighed lower ing bar review undoubtedly result remands new trials smith dissenting pollyannaish rejoinder reversals occur anyway defendant must still show error affected substantial rights olano prong seriously affected fairness judicial proceedings olano prong ante doubt many hitherto forfeited claims may incorrectly found meet vague requirements claims whether found meet evaluated vague standards requiring intensive consideration producing judgment whose correctness often difficult assess belief difficult assess whether error plain time trial really hard appellate courts regularly conduct type inquiry areas law example context federal habeas corpus review relief may granted state prisoner based legal error unless error contrary unreasonable application clearly established federal law time state render ed decision cullen pinholster slip similarly determine whether public officials immunity based law clearly established time acts see harlow fitzgerald offers us reason believe inquiry difficult context event rule assessing plainness eliminate need assess plainness contrary belief need arise new rule law law previously unsettled district reached decision contrary subsequent rule ante emphasis added easy situation exists present case may well exception rather rule claims failure object plain error excused error plain becomes retrospect law subsequently clarified also disregards statutory provision rule perry cadc recognized much olano government essentially concede accepted district interpretation federal rule criminal procedure plainly erroneous even though appellate yet say text rule clear reasons question whether law unsettled often admit easy answer courts appeals resolve lots claims practical difficulties professes avoid avoided today opinion converts plain error limitation rule limitation designed induce trial objections assist limitation designed serve conceivable purpose fair trial suffer ensuing disregard unenforceable rule respectfully dissent footnotes reality course object rule fairness extent compatible preservation principal objective requirement rule suppresses limitation paying lip service olano rule analysis reducing requirement part analysis nullity asserts rule rule restricts appellate authority correct error errors fact seriously affect fairness integrity public reputation judicial proceedings ante description prong olano analysis see olano even pertain words plain error rule rather word may exercise discretion consider plain error nothing whatever plainness rule clearly restricts review errors plain offers explanation none purpose restriction possibly serve plainness determined appellate stage able join judgment johnson even though join portion opinion addressing stage plainness evaluated see