United States v. Fabio Jaramillo-Suarez

Fabio Jaramillo-Suarez (“Suarez”) appeals his conviction, entered upon a plea of guilty, to a charge of conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. § 846 . Suarez contends the district court committed reversible error by failing to advise him, prior to accepting his guilty plea, of the maximum sentence he faced. See Fed.R.Crim.P. 11(c)(1). We have jurisdiction under 28 U.S.C. § 1291 and we reverse.

BACKGROUND

Suarez was indicted on charges of conspiracy to possess with intent to distribute cocaine, 21 U.S.C. § 846 (Count I), possession with intent to distribute and distribution of cocaine, 21 U.S.C. § 841 (a)(1) (Count II) and unlawful use of a communication facility in furtherance of narcotics trafficking activity, 21 U.S.C. § 843 (b) (Count III). After initially pleading not guilty, Suarez withdrew his not guilty plea and entered a plea of guilty to Count I of the indictment.

Prior to accepting the guilty plea, the district court asked Suarez if he had discussed the case with his attorney and whether he had been advised of the nature of the charges against him, his constitutional rights, and any possible defenses. The court further asked…