United States Ninth Circuit

Defendant's conviction for illegally entering the United States is vacated and remanded, where: 1) defendant pled guilty during an "Operation Streamline" proceeding for the taking of pleas en masse; 2) although the district court did not err under Fed. R. Crim. P. 11(b)(1) by advising the defendants of their rights en masse, it erred by not questioning the defendant individually to ensure that she understood her rights; 3) the government did not carry its burden of proving that the defendant would have pleaded guilty even without the Rule 11 error.

Appellate Information

• Decided 09/20/2013
• Published 09/20/2013

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel