Chan

United States v. Chan

Good Law
82 F.3d 921·96 Daily Journal DAR 5204·1996 WL 224483·1996 U.S. App. LEXIS 10256·96 Cal. Daily Op. Serv. 3156
United States Court of Appeals for the Ninth CircuitMay 6, 1996No. 94-50585California1,401 words

Opinion

Lead Opinion

Leavy, J.

This appeal involves a defendant who received the sentence she bargained for in exchange for her entry of a guilty plea. The district court, however, faded to warn the defendant that she would be bound by her plea if the court later chose to reject the terms of the plea agreement. The district court did not reject the plea agreement, and the defendant did not object to the district court’s incomplete admonition. In the absence of any showing of prejudice to the defendant’s substantial rights, we hold that the district court’s omission was not plain error and affirm.

FACTS AND PRIOR PROCEEDINGS

Susan Sukming Chan (“Chan”) was indicted on four counts of bank fraud and money *923 laundering in violation of 18 U.S.C. §§ 1344 and 1957. The week before her trial was scheduled to begin, Chan entered into a plea agreement with the government. Chan promised to plead guilty to one count each of bank fraud and money laundering in exchange for the government’s agreeing to dismiss the remaining counts and its promise to recommend a sentence of not less than thirty months’ imprisonment and five years’ supervised release. Before accepting her change of plea, the district court warned Chan that…

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