When the "record is silent as to what the district court might have done had it considered the correct Guidelines range," Molina-Martinez v. United States, 136 S. Ct. 1338, 1347 (2016), should an appellate court presume, for purposes of plain-error review under Federal Rule of Criminal Procedure 52(b), that the error affected the defendant's substantial rights.

Whether an appellate court should presume that a district court's error in calculating the applicable Sentencing Guidelines range affected the defendant's substantial rights for purposes of plain-error review under Federal Rule of Criminal Procedure 52(b)