In a motion to vacate the conviction of a defendant for failing to read the elements of the crime in the allocution, what is the current state of the law on this basis?

MultiRegion, United States of America

The following excerpt is from United States v. Coffin, No. 16-4083-cr (2nd Cir. 2017):

2. We take special pause with the district court's statement on the record that the approach it took here is "routine in the way in which I take a plea." App'x 79. Reading the elements of a crime to a defendant during the allocution "is not a difficult task." United States v. Pattee, 820 F.3d 496, 503 (2d Cir. 2016). We have recently expressed our regret that failure to adhere to Rule 11 is a "recurring issue," id. at 503, and stated that we presume any flexibility district courts have to devise their own allocution procedures assumes that "the essential rights in Rule 11 will be covered in the plea colloquy, and [that] judges can assure that by devising their own scripts." Id. at 503 n.3. We would avoid issues such as those we resolve today if the elements of the at-issue crime were a standard part of such scripts.

3. Because we vacate Coffin's conviction on this ground, we need not reach his remaining arguments.

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