United States v. Kenneth R. Bruce

In this case, we consider whether the fact that a district judge has participated in plea bargaining discussions entitles a defendant to have the plea vacated on appeal. We also consider the extent to which Fed. R.Crim.P. 11 requires the district court to explain to a defendant the nature of the charges alleged in the indictment. We also examine the effect of the failure to raise those questions in the district court. Having considered these matters, we vacate appellant’s convictions and remand for further proceedings.

Kenneth Reed Bruce and Deborah Miser-any were arrested at their residence in Oceanside, California on January 25, 1989, for conspiracy to distribute methamphetamine. A superseding six-count indictment was filed against them on April 28, 1989. On January 9, 1990, the prosecutor and the defendants discussed a proposed plea agreement with the district judge. The next day, the defendants accepted the agreement: the government waived the indictment, filed a one count superseding information that charged the defendants with aiding and abetting a conspiracy to possess a controlled substance with intent to distribute, and Bruce and Miserany entered a plea of guilty to that…