context: Salvador Garcia's lack-of-notice argument fails because even if the govern ment provided insufficient notice of its intent to introduce the cocaine evidence, Salvador Garcia failed to satisfy his burden of demonstrating the requisite prejudice.
citation_a.signal: see
citation_a.identifier: 314 F.3d 203, 209
citation_a.parenthetical: "To demonstrate plain error, an appellant must show clear or obvious error that affects his substantial rights .... " (emphasis added
citation_a.sentence: See Mares, 402 F.3d at 520; United States v. Duffaut, 314 F.3d 203, 209 (5th Cir.2002) (“To demonstrate plain error, an appellant must show clear or obvious error that affects his substantial rights .... ” (emphasis added)); see also United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (“It is the defendant rather than the Government who bears the burden of persuasion with respect to prejudice. In most cases, a court of appeals cannot correct the forfeited error unless the defendant shows that the error was prejudicial.”); Puckett v. United States, 129 S.Ct. 1423, 1433, 173 L.Ed.2d 266 (2009) (“Eliminating the third plain-error prong through semantics makes a nullity of Olano’s instruction that a defendant normally ‘must make a specific showing of prejudice’ in order to obtain relief.”).
citation_b.signal: see also
citation_b.parenthetical: "Eliminating the third plain-error prong through semantics makes a nullity of Olano's instruction that a defendant normally 'must make a specific showing of prejudice' in order to obtain relief."
citation_b.sentence: See Mares, 402 F.3d at 520; United States v. Duffaut, 314 F.3d 203, 209 (5th Cir.2002) (“To demonstrate plain error, an appellant must show clear or obvious error that affects his substantial rights .... ” (emphasis added)); see also United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (“It is the defendant rather than the Government who bears the burden of persuasion with respect to prejudice. In most cases, a court of appeals cannot correct the forfeited error unless the defendant shows that the error was prejudicial.”); Puckett v. United States, 129 S.Ct. 1423, 1433, 173 L.Ed.2d 266 (2009) (“Eliminating the third plain-error prong through semantics makes a nullity of Olano’s instruction that a defendant normally ‘must make a specific showing of prejudice’ in order to obtain relief.”).