United States Ninth Circuit

Defendant's guilty plea was not knowing, intelligent or voluntary because he was not informed that drug quantity was an element of his offense to be proven beyond a reasonable doubt, and the error affected his substantial rights and was not harmless.

Appellate Information

• Decided 06/27/2003
• Published 06/27/2003

Judges

• Before BROWNING, B. FLETCHER and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Santiago E. Juarez, Espanola, NM, for the defendant-appellant., John McKay, Bruce F. Miyake, United States Attorneys, Seattle, WA, for the plaintiff-appellee.