United States v. Herminio Silva

MEMORANDUM

Defendant Herminio Silva pleaded guilty to one count each of conspiracy to distribute controlled substances, in violation of 21 U.S.C. §§ 841 and 846; and distribution of cocaine,- distribution of heroin, and possession of methamphetamine with intent to distribute, each in violation of § 841. Defendant timely appeals, arguing that the district court improperly participated in plea negotiations, in violation of Federal Rule of Criminal Procedure 11(c)(1), and that, in the alternative, the district court’s comments rendered his plea involuntary. Reviewing de novo whether the district court improperly participated in plea negotiations, United States v. Bruce, 976 F.2d 552, 555 (9th Cir.1992), and whether a guilty plea was voluntary, United States v. Forrester, 616 F.3d 929, 934 (9th Cir.2010), we affirm.

1. The district court did not violate Rule 11(c)(1) because it did not take part in “any discussion or communication regarding the sentence to be imposed prior to the entry of a plea.” Bruce, 976 F.2d at 556 (internal quotation marks omitted). In response to comments from Defendant and his lawyer that Defendant wanted to accept responsibility, the district court said…