Boyd

United States v. Boyd

Good Law
44 F. App'x 866
United States Court of Appeals for the Ninth CircuitAugust 19, 2002No. 99-30282; D.C. No. CR-98-00508-FRCalifornia419 words

Opinion

Lead Opinion

MEMORANDUM **

Robert Eugene Boyd appeals his conviction by guilty plea for one count of use and carrying of a firearm during commission of a crime of violence, in violation of 18 U.S.C. §§ 924 (c)(1) and 2. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

First, Boyd contends that the district court erred in taking his guilty plea by failing to advise him of the nature of the § 924(c) and § 2 charge, as required by Federal Rule of Criminal Procedure 11(c)(1). Because Boyd failed to raise the alleged Rule 11 error before the district court, our review is for plain error. United States v. Vonn, — U.S. --,-, 122 S.Ct. 1043, 1046 , 152 L.Ed.2d 90 (2002).

Even if the district court erred by not explaining aiding and abetting liability, Boyd’s substantial rights were not affected. See United States v. Minore, 292 F.3d 1109, 1117 (9th Cir.2002). The superseding indictment, signed plea agreement, and Boyd’s admissions and his counsel’s comments at the plea proceeding make clear that he understood the nature of the charge. See Vonn, — U.S. at-, 122 S.Ct. at 1055 (citing Bousley v. United States, 523 U.S. 614, 618 , 118 S.Ct. 1604 , 140 L.Ed.2d 828 (1998)).

Boyd’s…

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