United States v. Lloyd Myers

Order; Opinion by Judge MURGUIA.

ORDER

The Opinion filed September 14, 2015 [ 801 F.3d 1116 ] is amended as follows:

1. At slip op. page 20 [801 F.3d at 1126], lines 11-14, change “Even though the magistrate judge’s participation in the settlement conference amounts to Rule 11(c)(1) error, the “error” did not cause Myers to plead guilty; the settlement conference merely facilitated that result.” to “Even though the magistrate judge’s participation in the settlement conference amounts to Rule 11(c)(1) error, there is no indication in the record that the magistrate judge’s involvement caused Myers to plead guilty — to the contrary, that is the result Myers had long sought to achieve.”

2. At slip op. page 20 [801 F.3d at 1126], lines 15-17, change “It resulted in Myers reaching a favorable plea agreement with the government, avoiding trial, and receiving a below-Guidelines sentence.” to “Moreover, Myers reached a favorable plea agreement with the government, avoided trial, and received a below-Gúidelines sentence.”

With these amendments, the panel has voted to deny the petition for panel rehearing and the petition for rehearing en banc.

The full court has been advised of the…