HAYNES, Circuit Judge, joined by E. GRADY JOLLY, W. EUGENE DAVIS, CARL E. STEWART, DENNIS, PRADO, JENNIFER WALKER ELROD, LESLIE H. SOUTHWICK, GRAVES and HIGGINSON, Circuit Judges: In this case we answer the following question: whether, when the law at the time of trial or plea is unsettled, but becomes clear 1 while the case is pending on appeal, review for the second prong of the “plain error” test properly…
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