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UNITED STATES v. DOMINGUEZ BENITEZ

No. 03-167.

542 U.S. 74 (2004)

UNITED STATES v. DOMINGUEZ BENITEZ.

Supreme Court of United States.

Decided June 14, 2004.

Attorney(s) appearing for the Case

Dan Himmelfarb argued the cause for the United States. With him on the briefs were Solicitor General Olson, Assistant Attorney General Wray, and Deputy Solicitor General Dreeben.

Myra D. Mossman, by appointment of the Court, 540 U.S. 1175, argued the cause and filed a brief for respondent.*

SOUTER, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, O'CONNOR, KENNEDY, THOMAS, GINSBURG, and BREYER, JJ., joined. SCALIA, J., filed an opinion concurring in the judgment, p. 86.

JUSTICE SOUTER delivered the opinion of the Court.

Respondent claims the right to withdraw his plea of guilty as a consequence of the District Court's failure to give one of the warnings required by Federal Rule of Criminal Procedure 11. Because the claim of Rule 11 error was not preserved by timely objection, the plain-error standard of Rule 52(b) applies, with its requirement to prove effect on substantial rights. The question is what showing must thus be made to...

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