LOWE
v.
PIERCE, WARDEN

U.S. | 2010-10-04
No. 10-5222
562 U.S. 910 Supreme Court of the United States (2010) Positive Treatment
Cited by 1 case
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  • United States v. Seabrooks, 839 F.3d 1326 (11th Cir. 2016)
    …ee.”). We need not decide this question because there can be no plain error when neither the Supreme Court nor this Court has resolved the issue and other circuits are split. United States v. Evans, 478 F. 3d 1332, 1338. (11th Cir.), cert. denied, 562 U.S. 910, 128 S.Ct. 257, 169 L.Ed.2d 188 (2007). Thus, Seabrooks has not satisfied his burden of demonstrating plain error. H. Jury Confusion We also reject Seabrooks’s claim that the aiding and abetting instruction, along with the government’s closing arg…

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