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United States v. Dominguez Benitez

Docket No.: 03-167
Argued: April 21, 2004
Decided: June 14, 2004

Topics:

Federal Rules of Criminal Procedure (or relevant rules of a circuit court), Criminal Procedure, Clean Air Act, EPA, Federal Motor Carrier Safety Administration, habeas, habeas corpus, harmless error, harmless-error, ineffective assistance of counsel, sentencing guidelines

PartyNames: United States v. Carlos Dominguez Benitez
Petitioner: United States
Respondent: Carlos Dominguez Benitez

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: CA 9, 310 F.3d 1221 QUESTIONS PRESENTED 1. Whether, in order to show that a violation of Federal Rule of CriminalProcedure 11 constitutes reversible plain error, a defendant must demonstrate that he would not have pleaded guilty if the violation had notoccurred.
Supreme Court Docket

United States
v.
Carlos Dominguez Benitez
542 U.S. 74 (2004)
Consideration Limited:

Limited to question 1 presented by the petition.

Question Presented:

1. Whether, in order to show that a violation of Federal Rule of CriminalProcedure 11 constitutes reversible plain error, a defendant must demonstrate that he would not have pleaded guilty if the violation had notoccurred. 2. Whether, in deciding whether a violation of Federal Rule of Criminal Procedure 11 constitutes reversible plain error, a court of appeals mayconsider the terms of a written plea agreement. CERT. GRANTED: 12/8/03Limited to question 1 presented by the petition.

Question:

In order to show that a judge's mistake is a reversible "plain error" under Federal Rule of Criminal Procedure 52, must a defendant show that it is reasonably likely he would not have pled guilty without the mistake?

Note:

. CA 9, 310 F.3d 1221

United States v. Dominguez Benitez
ORAL ARGUMENT

April 21, 2004

Holding: reversed and remanded
Decision: Decision: 9 votes for United States, 0 vote(s) against
Vote: 9-0
Opinion By:

United States v. Dominguez Benitez
Case Documents

1Opinion in United States v. Dominguez Benitez
2Slip Opinion in United States v. Dominguez Benitez (Opinion by )
3Opinion in United States v. Dominguez Benitez
Additional documents for this case are pending review.