Franscioni

MEMORANDUM *

Appellant Robert Franseioni (“Franseioni”) appeals his conviction for violating 21 U.S.C. § 846 , for conspiring to possess cocaine with intent to distribute. Franseioni also appeals his sentence as violating due process and as a misapplication of the Sentencing Guidelines. We affirm the district court in all respects.

Any violation of Rule 11 of the Federal Rules of Criminal Procedure that may have occurred with respect to Franscioni’s original guilty plea is moot. Franseioni alleges that the district judge originally assigned to his case improperly participated in plea negotiations. The proper remedy for a Rule 11 violation is to allow the defendant to withdraw the original plea and plead again. United States v. Anderson, 993 F.2d 1435, 1438-39 (9th Cir.1993). The original district judge allowed Franseioni to withdraw his original guilty plea and enter a new plea of not guilty. The judge then recused himself, and Franseioni proceeded to trial with a new district judge. Any injury to Franseioni has thus been remedied.

We also reject Franscioni’s contention that the four and one-half year delay between his April 2, 1996 indictment and October 23, 2000 trial…