The court will accept your plea of guilty to illegally entering the United States after being deported. I'll order a presentence report and set sentencing for August 19 at nine o'clock. Thank you, Your Honor. Hernandez-Fraire then perfected this appeal. Because Hernandez-Fraire did not present the Rule 11 violations to the district court, this court will review the district court's holding for plain error.
Plain error is error that is clear or obvious and affects substantial rights.
On plain error review, the defendant bears the burden of persuasion with respect to prejudice. A district court's failure to address a core concern of Rule 11 constitutes plain error. Discussion Rule 11 imposes upon a district court the obligation and responsibility to conduct an inquiry into whether the defendant makes a knowing and voluntary guilty plea. A court's failure to address any one of these three core concerns requires automatic reversal. Rule 11, however, does not say that a court's only means of compliance is to read the specified items in haec verba.