Background
Adolfo Cruz pleaded guilty to unlawful possession of a machinegun in the United States District Court for the Eastern District of Texas. On appeal, Cruz argued that his guilty plea was not knowing and voluntary because the district court failed to follow Federal Rule of Criminal Procedure eleven requirements during his rearraignment hearing.
The court’s reasoning
The court reviewed the case for plain error since Cruz did not object to the sufficiency of the admonishments at the rearraignment. The court found the colloquy sufficient for a reasonable person to believe Cruz understood the nature of the charge. Regarding forfeiture, the record showed Cruz was not advised that forfeiture might be part of his sentence, but he failed to show a reasonable probability that he would not have pleaded guilty but for this error. Similarly, regarding the mandatory special assessment of one hundred dollars, the court found no reversible plain error because Cruz did not demonstrate that the error affected his substantial rights.
What it means going forward
The decision reinforces that defendants must object to plea colloquy deficiencies at the district court level to avoid plain error review, which requires a showing of effect on substantial rights.