United States First Circuit

In this case, defendant pleaded guilty to conspiracy to commit robbery affecting commerce, robbery affecting commerce, and possessing, using, carrying, and discharging a gun in relation to a crime of violence with death resulting. Conviction and sentence is affirmed, where: 1) the district court erred at the change-of-plea hearing by omitting sufficient notice of the possible sentence accompanying the third charge, which involved both a consecutive sentence and a ten-year mandatory minimum; and 2) counsel for the government failed to provide such notice in his description of the case at that hearing; but 3) on plain error review, defendant's substantial rights were not affected by this error.

Appellate Information

• Decided 12/24/2014
• Published 12/24/2014

Judges

• Lynch

Court

• United States First Circuit

Counsel