Sentencing.
Twofold plain error in judges' imposition of maximum guidelines sentence due to deft's (1) not taking the stand to support his (2) theory of evidence manipulation.
http://www.ca6.uscourts.gov/opinions.pdf/16a0017p-06.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.