context: Moreover, there is no indication that the jury made specific findings as to drug quantity. In light of the indictment's ambiguous allegation as to the quantity of cocaine base involved, and because of Apprendi, we conclude that the failure to require specific findings regarding the quantity of cocaine constitutes a "plain or obvious" error.
citation_a.signal: see also
citation_a.identifier: 520 U.S. 461, 468
citation_a.parenthetical: "[I]n a case ... where the law at the time of trial was settled and clearly contrary to the law at the time of appeal-it is enough that an error be "plain at the time of appellate consideration"
citation_a.sentence: See United States v. Garcia-Guizar, 227 F.3d 1125 (9th Cir.2000) (concluding that the judge’s issuance of findings that increased the statutory maximum constituted an obvious error, satisfying the first two prongs of the Olano standard); see also Johnson v. United States, 520 U.S. 461, 468, 117 S.Ct. 1544, 137 L.Ed.2d 718 (1997) (“[I]n a case ... where the law at the time of trial was settled and clearly contrary to the law at the time of appeal-it is enough that an error be “plain at the time of appellate consideration”).
citation_b.signal: see
citation_b.parenthetical: concluding that the judge's issuance of findings that increased the statutory maximum constituted an obvious error, satisfying the first two prongs of the Olano standard
citation_b.sentence: See United States v. Garcia-Guizar, 227 F.3d 1125 (9th Cir.2000) (concluding that the judge’s issuance of findings that increased the statutory maximum constituted an obvious error, satisfying the first two prongs of the Olano standard); see also Johnson v. United States, 520 U.S. 461, 468, 117 S.Ct. 1544, 137 L.Ed.2d 718 (1997) (“[I]n a case ... where the law at the time of trial was settled and clearly contrary to the law at the time of appeal-it is enough that an error be “plain at the time of appellate consideration”).