8th Circuit decides N.D. case: July 20 Wednesday, July 20, 2022

The United States Court of Appeals for the Eighth Circuit has issued an opinion in a North Dakota case.

In United States v. Schneider the court held that the defendant did not waive his right to appeal his Rule 11 issue; because defendant did not object before the district court, his Rule 11 issue is subject to plain error review; the court's comments at the first change of plea hearing to the effect that it would sentence defendant at a particular range was plain error under U.S. v. Thompson, 770 F.3d 689 (8th Cir. 2014) because it was the type of participation in the plea negotiations prohibited by Rule 11; because defendant repeatedly acknowledged at the second change of plea hearing that the district court could impose a life sentence despite its comments at the first hearing, he failed to show a reasonable probability that he would not have pled guilty but for those comments; the particular facts and circumstances of the entire record do not show that the Rule violation affected defendant's substantial rights, and the district court's judgment is affirmed.

Read the court's opinion at: http://media.ca8.uscourts.gov/opndir/22/07/221112P.pdf