United States v. Victoriano Dejesus Pena

Victoriano DeJesus Pena appeals his conviction and the sentence imposed following his guilty plea to one count of possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841 (a)(1). Pena challenges the validity of his guilty plea, contending that the district court failed to comply with Federal Rule of Criminal Procedure 11. We agree with Pena that the plea proceeding failed to comply with Rule 11 and therefore reverse his conviction. We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 .

BACKGROUND

Pena was indicted in a superseding indictment on three counts of distribution of a controlled substance, one count of conspiracy to distribute a controlled substance, and two counts of possession with intent to distribute a controlled substance. Pena entered into a plea agreement, pursuant to which he agreed to plead guilty to count five of the superseding indictment, possession with intent to distribute a controlled substance in violation of 21 U.S.C. § 841 (a)(1).

At the change of plea hearing, the district court asked Pena’s counsel whether Pena understood the plea agreement and whether Pena waived the reading of the…