U.S. v. MONZON

No. 03-30497.

429 F.3d 1268 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Alberto MONZON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2005.


Attorney(s) appearing for the Case

Catherine L. Floit, Seattle, WA, for the defendant-appellant.

John McKay, United States Attorney, and Douglas B. Whalley, Assistant United States Attorney, Seattle, WA, for the plaintiff-appellee.

Before: TASHIMA, PAEZ, and CALLAHAN, Circuit Judges.


TASHIMA, Circuit Judge.

Alberto Monzon appeals his conviction for possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c). Monzon contends that the district court accepted his guilty plea in violation of Rule 11 of the Federal Rules of Criminal Procedure and that the error affected his substantial rights. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse.

BACKGROUND

In November...

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