United States v. Pedro Payano

KRAUSE, Circuit Judge.

Appellant Pedro Ramon Payano appeals his sentence on the ground that the District Court's mistaken belief as to the applicable statutory maximum constitutes plain error. In his view, this error warrants resentencing by way of analogy to Molina-Martinez v. United States where the Supreme Court held that an incorrectly calculated United States Sentencing Guidelines range presumptively satisfies the prejudice prong of plain-error review because of its "centrality" to a district court's sentence. --- U.S. ----, 136 S. Ct. 1338 , 1346, 194 L.Ed.2d 444 (2016). We agree that…