PRESUMPTION

Molina-Martinez v. United States (14-8913)

Issues

For the purposes of plain-error review, should an appellate court apply a rebuttable presumption of prejudice against a defendant if a misapplication of the United States Sentencing Guidelines (“Sentencing Guidelines”) leads a trial court to rely on an erroneous sentencing range calculation?

In order to be granted relief under Federal Rule of Criminal Procedure Rule 52(b) (“Rule 52(b)”), plain-error review requires that a defendant establish prejudice by proving that the error affected a substantial right. See Brief for Petitioner, Saul Molina-Martinez at 17–19. In this case, the Supreme Court has an opportunity to determine whether an appellate court, applying plain-error review, should presume a rebuttable presumption of prejudice if there is a miscalculation of a defendant’s sentencing range under the United States Sentencing Guidelines (“Sentencing Guidelines”). See id. at i. Molina-Martinez, the petitioner, argues that an erroneous sentencing calculation under the Sentencing Guidelines should result in a rebuttable presumption that the error affected a defendant’s substantial rights. See id. at 15. The United States, the respondent, counters that because the misapplication of the Sentencing Guidelines is a non-structural error, Molina-Martinez retains the burden of showing prejudice. See Brief for Respondent, United States at 15, 24–28. The Court’s decision will potentially impact appellate courts’ application of plain-error review under Rule 52(b) and affect the procedural strategy and substantive rights of criminal trial litigants. See Brief for Petitioner at 45, 48; Brief for Respondent at 45–50.

Questions as Framed for the Court by the Parties

Where an error in the application of the United States Sentencing Guidelines results in the application of the wrong Guideline range to a criminal defendant, should an appellate court presume, for purposes of plain-error review under Federal Rule of Criminal Procedure 52(b), that the error affected the defendant’s substantial rights?

On August 31, 2012, United States Customs and Border Protection agents arrested petitioner Saul Molina-Martinez (“Molina-Martinez”)—a Mexican national with no legal status in the United States—near Sarita, Texas. Brief for Petitioner, Saul Molina-Martinez at 1. The agents determined that five days earlier, on August 26, Molina-Martinez illegally entered the United States without inspection.

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United States v. Washington

Issues

Does a state workers’ compensation law that only applies to federal contract workers who work at a specific federal facility violate the doctrine of intergovernmental immunity? 

This case asks the Supreme Court to consider whether the State of Washington’s workers’ compensation law may apply to certain federal contract workers without violating the intergovernmental immunity doctrine, which prevents state and federal governments from interfering with each other’s sovereignty. The United States argues the intergovernmental immunity doctrine applies and mandates that the state workers’ compensation law apply evenhandedly to federal, state, and private actors. Washington counters that the federal government has waived its intergovernmental immunity by statute, and even if it did not, the intergovernmental immunity doctrine does not require completely equal treatment of federal and non-federal actors. The outcome of this case has important implications for consideration of workplace dangers and the costs associated with workers’ compensation. 

Questions as Framed for the Court by the Parties

Whether a state workers’ compensation law that applies exclusively to federal contract workers who perform services at a specified federal facility is barred by principles of intergovernmental immunity, or is instead authorized by 40 U.S.C. § 3172(a), which permits the application of state workers’ compensation laws to federal facilities “in the same way and to the same extent as if the premises were under the exclusive jurisdiction of the State.”

The Hanford site is a decommissioned federal facility for nuclear production in Washington State. United States v. Washington at 858. While active during World War II and the Cold War, approximately two-thirds of the United States’ weapons grade plutonium was produced at the Hanford facility. Id. The nuclear production resulted in large amounts of chemically hazardous and radioactive waste. Id.

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