Wednesday, August 25, 2021

US v. Ferguson, No. 19-10228 (8-17-21)(Bumatay w/Thomas & Bress). The 9th affirms a conviction despite a Rule 11 change of plea colloquy error. The defendant made an unauthorized forceful withdrawal from a bank, otherwise known as bank robbery. He pled guilty to bank robbery and conspiracy.

At the COP, which lasted but 10 minutes, the magistrate judge neglected to ask whether the plea was voluntary and whether it was a result of threats or coercion.

Under plain error review, the 9th concluded the error failed to affect substantial rights. The other Rule 11 requirements were all met. In the presentence report, the defendant admitted guilt and expressed remorse. There was no indication of mental issues or of being unaware. The defendant is healthy, held various jobs, and was competent. During the proceeding, he never indicated this plea was anything but voluntary.

The decision is here:


Post a Comment

<< Home