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United States Supreme Court


US v. Davila, 12-167

The Court of Appeals' order vacating defendant's guilty plea is vacated and remanded, where: 1) under Federal Rule of Criminal Procedure 11(h), vacatur of defendant's plea is not in order if the record shows no prejudice to defendant's decision to plead guilty; and 2) here, though the Magistrate Judge plainly violated Rule 11(c)(1) by exhorting defendant to plead guilty, the Court of Appeals failed to further consider the facts of the case, and whether defendant's case should be judged under Rule 52(a)'s harmless-error standard or Rule 52(b)'s plain-error standard.

Appellate Information

  • Decided 06/13/2013
  • Published 06/13/2013

Judges

  • GINSBURG

Court

  • United States Supreme Court

Counsel

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