United States v. Gilberto Aguilar-Vera

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that Aguilar-Vera did not stand when the defendants were told to “stand if at any point they did not understand”
• noting that, while Fed. R. Crim. P. 11 doesn’t strictly prohi bit collective advisements, a trial court’s advisement procedure m ust be sufficient to show that each defendant pleaded voluntarily an d understood the consequences of such plea
• Rule 11 error did not affect substantial rights when defendant affirmatively responded that he understood the charges against him
• “Because the magistrate judge did not comply with Rule 11, the government bears the burden of identifying evidence in the record that Aguilar-Vera’s guilty plea was, in fact, both knowing and voluntary.”
• Rule 11 error did not affect substantial rights when, inter alia, the court instructed defendants to stand if they did not understand or wanted to speak to counsel but defendant never stood

Source: CourtListener parenthetical corpus (CC0).