Henderson v. United States, No. 11-9307 (cert. petition filed February 23, 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 v. United States, 520 U.S. 461 (1997)’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?

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