In United States v. Ferguson, --- F.4th ---, No. 19-10228 (9th Cir. 2021), the Court affirmed a bank robbery conviction.
Ferguson sought to vacate his conviction because, during the plea colloquy, the magistrate judge failed to ask him, as required by Fed. R. Crim. P. 11(b)(2), whether he was entering his plea voluntarily or whether his plea resulted from force, threats, or promises.
Applying plain-error review, the Court reaffirmed that a Rule 11 error does not automatically lead to reversal; a defendant must continue to show a Rule 11 violation’s impact on substantial rights. Because Ferguson did not make that showing, the Court affirmed.
