District court commits plain error by advising defendant he faces longer sentence by proceeding to trial than if he pleads guilty

PLEA United States v. Cano-Varela, No. 06-8020, ___ F.3d ___ (Aug 10, 2007)(Wyoming). Appeal of conviction reached by guilty plea to charges of conspiracy to distribute methamphetamine and marijuana, conspiracy to launder drug proceeds, and aiding and abetting methamphetamine. HELD: District court committed plain error by advising defendant at pretrial status conference that he would face a vastly longer sentence if he went to trial and was convicted than if he pled guilty. District court’s advice violated Rule 11(c)(1)(C) of Federal Rules of Criminal Procedure which prohibits judicial participation in plea negotiations. Guilty plea vacated. Read the opinion here.