United States v. Alphonso Vonn

ORDER

We previously set aside Vonn’s guilty plea because the district court did not advise Vonn of his right to be represented by counsel at trial. United States v. Vonn, 224 F.3d 1152 (9th Cir.2000). In so doing, we followed our circuit precedent of reviewing the district court’s violation of Fed.R.Crim.P. 11 for harmless error even when the defendant failed to object, id. at 1155 (citing United States v. Odedo, 154 F.3d 937, 940 (9th Cir.1998)), and confining our review to the record of the defendant’s plea proceeding, id. (citing Odedo, 154 F.3d at 940 , and United States v. Gastelum, 16 F.3d 996, 999 (9th Cir.1994)). The Supreme Court vacated our opinion and held that we must review for plain error and may consult the entire record, from the defendant’s first appearance to his plea colloquy. United States v. Vonn, — U.S. -, -, 122 S.Ct. 1043, 1046 , 152 L.Ed.2d 90 (2002). The Court thus overruled Odedo and Gastelum , insofar as they are to the contrary.

To prevail, Vonn must show that, by failing to inform him of his right to counsel at trial, the district court committed a plain error that affected both Vonn’s “substantial rights” and “the fairness, integrity or public…