Mendoza

MEMORANDUM *

Defendant Anna Maria Mendoza appeals her conviction and sentence for engaging in a conspiracy to distribute methamphetamine. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

Mendoza argues that this court should vacate her conviction because the district court failed to comply with the requirements of Rule 11 of the Federal Rules of Criminal Procedure. Alleged Rule 11 violations are reviewed de novo. See United States v. King, 257 F.3d 1013, 1021 (9th Cir.2001).

1. The government does not dispute Mendoza’s contention that Judge Keller violated Rule ll(e)’s prohibition against judicial involvement in plea negotiations when he quoted the Bible. We agree that Judge Keller’s actions present a clear Rule 11(e) violation. Judge Keller exhorted Mendoza to settle, behavior which by itself can violate Rule 11(e). See United States v. Anderson, 993 F.2d 1435 (9th Cir.1993); United States v. Garfield, 987 F.2d 1424 (9th Cir.1993); United States v. Bruce, 976 F.2d 552 (9th Cir.1992). Exacerbating matters is the particular way in which Judge Keller encouraged the defendant to settle — by quoting the Bible to the effect…