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Minimal Colloquy Sufficient For Conviction; Resentencing Ordered For Rule 11 Violation

By Shari Allison

United States v. Landeros-Lopez, ___ F.3d ___ , 2010 WL XXX, No. 09-8056 (10th Cir. 2010) (Wyo.)Plea colloquy adequate to establish factual basis for drug conspiracy conviction. (Defendant said the drugs belonged to his roommate, he was present when roommate dealt the drugs, and he accepted rent?drug proceeds?from the roommate, but did not state anything to establish that he agreed to violate the law, knew the objective of the conspiracy, that he voluntarily became a part of the agreement). In accepting the plea, the court can consider what the defendant says as well as any other evidence presented?in this case, the prosecutor?s statement. Evidence in the PSR may be considered by the COA only to see if any Rule 11 error effected the defendant?s substantial rights...continue to full post

Full post as published by Tenth Circuit Blog on August 04, 2010 (boomark / email).