United States v. Francisco Morales-Rodriguez
Opinion
Opinion
MEMORANDUM
Francisco Morales-Rodriguez was indicted on one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1) and one count of possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1). He argues that the district court improperly rejected his guilty plea even though it met all the requirements of Federal Rule of Criminal Procedure 11. See In re Vasquez-Ramirez, 443 F.3d 692, 695-96 (9th Cir.2006) (“[A] court must accept an unconditional guilty plea, so long as the Rule 11(b) requirements are met.”). Because we cannot discern the basis for the district court’s rejection of the plea, we vacate the plea rejection and remand with instructions that the court hold a new plea hearing where the court either accepts Morales-Rodriguez’s guilty plea or more clearly articulates the basis for rejecting it. See United States v. Mancinas-Flores, 588 F.3d 677, 681-86 (9th Cir.2009). We emphasize that the district court judge is not obligated to accept the guilty plea if no factual basis for the plea is established during the new plea hearing. In that event, the jury’s verdict may be reinstated.