Vasquez-Ramirez

We consider whether a district judge may reject a guilty plea that satisfies all of the requirements of Federal Rule of Criminal Procedure 11(b).

Facts

Alvaro Vasquez-Ramirez was deported from the United States after having been convicted of an aggravated felony. He then reentered the United States in violation of 8 U.S.C. § 1326 (“Reentry of removed aliens”), a crime carrying a maximum sentence of 20 years. See 8 U.S.C. § 1326 (b)(2). As is the practice in the Southern District of California, the government offered Vasquez a “fast-track” disposition: If Vasquez agreed to plead guilty within 60 days, waive his right to an indictment, waive all rights of appeal and collateral attack, and depart the United States following imprisonment, the government would allow him to plead guilty to one felony count and one misdemeanor count of violating 8 U.S.C. § 1325 (“Improper entry by alien”), for a combined maximum prison sentence of 30 months. See 8 U.S.C. § 1325 (a).

Vasquez agreed to the deal, signed a plea agreement, and was arraigned on an information charging two counts of violating section 1325. But the district court rejected the deal. The government then obtained, apparently as…