The Fifth Circuit Court of Appeals held that Mr. Castro Orellana could not show an effect on his substantial rights on plain-error review even though the district court relied on a clearly erroneous belief concerning the facts of the case because the district court sentenced him within a correctly-calculated range under the federal Sentencing Guidelines. In so holding, did the Fifth Circuit misapply this Court's decision in Rita v. United States, 551 U.S. 338 (2007), and Gall v. United States, 552 U.S. 38 (2007)?

Whether the Fifth Circuit misapplied Rita v. United States and Gall v. United States by elevating the presumption of reasonableness over a reliance on clearly erroneous facts