Paul Engstrom v. United States

In Bouie v. City of Columbia, 378 U.S. 347 (1964), this Court recognized a right of fair warning against an unforeseeable and retroactive judicial expansion of a criminal statute. Is that right limited exclusively to cases concerning the scope of criminal liability, or does it include cases involving the calculation of a defendant’s sentence?

In Olano v. United States, 507 U.S. 725 (1993), this Court set out the four prongs of analysis for plain-error review. Where a district court’s error results in a sentence that the court would not have otherwise imposed, may the appellate court find plain-error review satisfied without considering Olano’s fourth prong?