The following excerpt is from United States v. Yang Chia Tien, Docket No. 11-3835-cr (L), Docket No. 11-3871-cr(CON), Docket No. 12-812-cr(CON), Docket No. 12-833-cr(CON) (2nd Cir. 2013):
Where a Rule 11 violation is raised in the district court, we review for harmless error, but where the defendant has remained silent in the district court, he has the burden of satisfying the plain error standard on appeal. See United States v. Youngs, 687 F.3d 56, 59 (2d Cir. 2012). The
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Government appears to argue that the court should review both pleas for "plain error," but does not address the fact that in the bribery case, Tien filed a pro se motion to withdraw his plea, in which he included that the plea "violated the tenor" of Rule 11. In light of the fact that Tien raised the Rule 11 argument before the district court, the plea in the bribery case will be reviewed for harmless error. Because no such objection was interposed in the forged passport case, that plea will be reviewed for plain error. See id.; see also United States v. Vonn, 535 U.S. 55, 60-62 (2002).
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