United States v. Gilberto Aguilar-Vera
2012 U.S. App. LEXIS 22345
| 9th Cir. | 2012Background
- Aguilar-Vera was arrested on December 8, 2009 for illegal entry under 8 U.S.C. § 1325.
- On December 9, 2009 he appeared in a mass Operation Streamline plea proceeding in Arizona with 68 other defendants.
- The proceeding combined initial appearances, guilty pleas, and sentencing into a group hearing with en masse advisements.
- Defendants were grouped; Aguilar-Vera was in a later subgroup and faced a potential imprisonment sentence despite earlier groups being told fines.
- The magistrate conducted a personal exchange with Aguilar-Vera but did not individually assess voluntariness; counsel objected to Rule 11(b) noncompliance and later filed written objections.
- The district court ruled Rule 11 compliant; Aguilar-Vera appealed contending Rule 11 violations and preserved objections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 11(b)(1) and (b)(2) were violated | Aguilar-Vera argued the group procedure breached Rule 11 | Aguilar-Vera and counsel asserted lack of per-defendant personal questioning and voluntariness assessment | Yes, Rule 11 violations occurred |
| Whether the Rule 11 violations were harmless | Harmless error applies if no substantial rights were affected | Despite errors, plea knowing and voluntary | Harmless error beyond a reasonable doubt; no reversal required |
| Whether due process claims were foreclosed by precedent | Due process challenge to Streamline procedures | Diaz-Ramirez forecloses due process claim | No due process violation; affirmed |
Key Cases Cited
- United States v. Escamilla-Rojas, 640 F.3d 1055 (9th Cir. 2011) (mass plea procedure; Rule 11 violations; harmless error analysis)
- United States v. Roblero-Solis, 588 F.3d 692 (9th Cir. 2009) (group plea procedures; Rule 11 analysis)
- United States v. Graibe, 946 F.2d 1428 (9th Cir. 1991) (nonverbatim articulation of Rule 11 requirements)
- United States v. Pena, 314 F.3d 1152 (9th Cir. 2003) (knowing and voluntary plea standard)
- United States v. Ross, 511 F.3d 1233 (9th Cir. 2008) (standard of review for Rule 11 questions)
- United States v. Diaz-Ramirez, 646 F.3d 653 (9th Cir. 2011) (due process claims and circuit precedent)