United States Ninth Circuit

Defendant's sentence and a fine imposed pursuant to a plea agreement on drug related charges are vacated where defendant's guilty plea was not knowing, voluntary and intelligent in light of the district court's failure to inform defendant that he was subject to a mandatory fine under the sentencing guidelines.

Appellate Information

• Decided 01/03/2006
• Published 01/03/2006

Judges

• ALARCÓN, Circuit Judge., Before ALARCÓN, KOZINSKI, and KLEINFELD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Raymond J. Dearie, Jr., Ogden Murphy Wallace, P.L.L.C., Seattle, WA, Robert S. Mahler, Bullivant Houser Bailey, PC, Seattle, WA;  Daniel Donovan, Thompson Potts & Donovan PC, Great Falls, MT, for the defendant-appellant., William W. Mercer, United States Attorney, and Bernard F. Hubley, Assistant United States Attorney, Helena, MT, for the plaintiff-appellee.