United States Ninth Circuit

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US v. Myers, 13-10580

In a criminal case in which the defendant and government reached a plea deal during a settlement conference conducted by a magistrate judge, the judgment is affirmed where: 1) although US v. Davila, 133 S. Ct. 2139 (2013) makes clear that Fed. R. Crim. P. 11(c)(1) imposes a categorical bar on judicial participation in plea negotiations, even when the judicial participation is both requested by the defendant and sanctioned by the district court's local rules, Rule 11(c)(1) is waivable by the defendant; and 2) the defendant failed to establish the alleged error affected his substantial rights because the record is bereft of evidence indicating that he suffered from any prejudice due to the magistrate judge's participation in the settlement conference.

Appellate Information

  • Decided 09/14/2015
  • Published 09/14/2015

Judges

  • MURGIA

Court

  • United States Ninth Circuit

Counsel