Ghorbanian

MEMORANDUM

Mahmoud Ghorbanian (“Ghorbanian”) appeals his conviction and sentence, following a guilty plea, of one count of possession of opium with the intent to distribute under 21 U.S.C. § 841 (a)(1). Ghorbanian asserts that the district court erred under Federal Rule of Criminal Procedure 11(f) when it failed to read into the record at the plea proceeding the portion of his plea agreement that summarized the facts underlying the charge.

Federal Rule of Criminal Procedure 11 governs the procedures the court must follow when accepting a defendant’s plea. We review the district court’s compliance with Rule 11 de novo. United, States v. Aguilar-Muniz, 156 F.3d 974, 976 (9th Cir.1998). However, we may not grant relief for any error under Rule 11 which is harmless. Fed.R.Crim.P. 11(h) (“Any variance from the procedures required by this rule which does not affect substantial rights shall be disregarded.”).

A defendant who pleads guilty waives certain constitutional rights. Therefore, if the plea is not both knowing and voluntary, its entry amounts to a denial of due process and the plea is void. McCarthy v. United States, 394 U.S. 459, 466 , 89 S.Ct. 1166, 1171 , 22 L.Ed.2d 418…