CHIEF JUSTICE ROBERTS: We’ll hear argument this morning in Case 11-9307, Henderson v. United States.

ORAL ARGUMENT OF PATRICIA A. GILLEY

Mr. Chief Justice, and may it please the Court: There are
three primary points I would like to focus on this morning during my argument.
First, the question presented by Mr. Henderson involves a very small subset of
cases which are — which come before the Court under Rule 55 — 52(b) each
year. These are the cases that were referred to as the special case in the
Olano decision. They have errors which, at the time of trial, were unsettled or
unclear; but, by the time they made it to the appellate court, they had become
clear by a clarifying rule or a decision.

Second -­

JUSTICE SCALIA: What — what about the time they come up
here? 52(b) applies to every court, does it not?

The Full argument can be found at:

http://www.supremecourt.gov/oral_arguments/argument_transcripts/11-9307.pdf.

It is an interesting read but what you will not find is Ms. Gilley able to state what her two other primary points were at least in that language.