Keller

MEMORANDUM *

Daniel Eugene Keller appeals from his guilty-plea conviction for possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1)(A). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse.

A grand jury returned an eleven count indictment against Keller. He pled guilty to two counts, namely: (1) conspiracy to manufacture and distribute more than 500 grams of a mixture or substance containing a detectable amount of methamphetamine, in violation of 21 U.S.C. § 846 and 21 U.S.C. § 841 (a)(1); and (2) using a firearm in furtherance of a drug trafficking offense, in violation of 18 U.S.C. § 924 (c)(l)(A)(i).

Keller contends that his guilty plea to the § 924(c) charge should be vacated because the district court committed reversible plain error by incorrectly advising him of the elements of the § 924(c) charge during the Rule 11 hearing. The government concedes that the defendant was not correctly advised of the elements of the § 924(c) offense.

In order to prevail on his claim of plain error, Keller must establish that (1) there was error, (2) the error was plain, and (3) the error affected substantial rights.…