Mook
United States v. Mook
Opinion
Lead Opinion
MEMORANDUM *
Douglas H. Mook (“Mook”) appeals from the judgment entered upon his guilty plea to one count of bank robbery in violation of 18 U.S.C. § 2113 (a). He contends that the district court failed to comply with Rule 11(c) of the Federal Rules of Criminal Procedure during his change of plea hearing because it did not advise him of the nature of the charges against him. We agree, and because we find that the district court’s error violated Mook’s substantial rights, we reverse the judgment of the district court.
Rule 11 provides that “[bjefore accepting a plea of guilty or nolo contendere, the court must address the defendant personally in open court and inform the defendant of, and determine that the defendant understands ... the nature of the charge to which the plea is offered.” Fed.R.Crim.P. 11(c)(1). Here, the district court violated Rule 11(c)(1) because it failed to explain to Mook the nature of the bank robbery charge to which he was pleading guilty. Indeed, the court did not even list the elements of bank robbery; nor did the prosecutor. The prosecutor did describe the facts that established a factual basis for the plea; however, this recitation of the facts was…