United States v. Marion Promise, A/K/A Mario,defendant-Appellant

part, and dissenting in the judgment:

I concur in parts II A-C of Judge Wilkins’s opinion. I do not concur in part II D or part III, however, and I respectfully dissent from the judgment of the court because that judgment affirms Marion Promise’s sentence for a crime for which he has never been charged or indicted, and, therefore, never tried or convicted. This plain error not only clearly affects Promise’s substantial rights, it also goes to the very heart of the judicial process. If not remedied, this error will “seriously affect” the “fairness, integrity or public reputation of judicial…