United States v. Carillo

Jorge Carillo pleaded guilty to, inter alia, conspiring to distribute at least 100 grams of heroin. On appeal, he argued the district court’s acceptance of his guilty plea was at odds with Fed. R. Crim. P. 11(b)(1)(G)-(I) and 11(b)(3). At his initial appearance, Carillo acknowledged he received a copy of the indictment and understood the charges against him. Carillo pleaded guilty to the conspiracy charge without the benefit of a plea agreement. At the change-of-plea hearing, the district court reminded Carillo the drug count charged him with “conspiring with others to distribute more than a hundred grams of heroin.” The district court, however, did not otherwise elucidate the nature or specifics of the charge or discuss the elements of conspiracy. Nevertheless, Carillo told the district court he understood the charges against him. In reciting the penalties Carillo faced, the prosecutor mistakenly stated Carillo was subject to a maximum term of imprisonment of twenty years. The district court did not mention the applicable mandatory minimum term. After confirming he had enough time to consult with his lawyer, and was satisfied with his attorney’s advice and representation, the district court accepted Carillo’s guilty plea, finding he was aware of the nature of the charges he was facing and that the guilty plea was supported by sufficient facts. Carillo did not object to the penalties that were recited by the prosecutor, the factual basis the prosecutor provided, or to the court’s finding that sufficient facts supported the guilty plea. Ultimately, the district court imposed the mandatory minimum sixty-month sentence on the conspiracy count and forty-eight month sentences on two firearms counts, with all three sentences to run concurrently. At no point during the sentencing hearing did Carillo contest the validity of his guilty plea. Carillo asserts on appeal, for the first time, that his guilty plea was not knowingly, intelligently, and voluntarily entered because the plea colloquy did not comply with the dictates of Fed. R. Crim. P. 11(b). In particular, Carillo asserts the district court failed to: (1) inform him of the applicable minimum and maximum sentences; (2) adequately explain the nature of the charge to which he was pleading; and (3) establish a factual basis for the guilty plea, in violation of Rule 11(b)(3). The Tenth Circuit concluded Carillo satisfied his burden of demonstrating the district court’s Rule 11(b)(3) error affected his substantial rights. "There is no doubt that failing to correct that error would seriously affect the fairness and integrity of judicial proceedings." The matter was remanded the district court for further proceedings. View "United States v. Carillo" on Justia Law