Perez-Lardi
United States v. Perez-Lardi
Opinion
Lead Opinion
MEMORANDUM **
Jose Antonio Perez-Lardi appeals his conviction, pursuant to a guilty plea, and sentence for being an illegal alien found in the United States following deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate the judgment of conviction and sentence, and remand.
*772 Perez-Lardi asserts that the district court failed to comply with Fed.R.Crim.P. 11(c)(1) by not expressly advising him of the maximum possible penalty provided by law at the change of plea hearing. The adequacy of a Rule 11 plea hearing is reviewed de novo. United States v. Odedo, 154 F.3d 937, 940 (9th Cir.1998). Fed. R.Crim.P. 11(c)(1) requires the district court, before accepting a plea of guilty, to personally address the defendant in open court and inform him of, and determine that he understands, “the maximum possible penalty provided by law....” The government concedes that the district court did not expressly advise Perez-Lardi of the statutory maximum penalty for the crime to which he was pleading guilty. The government contends, however, that the district court’s omission was harmless error.