What is the test for a motion to vacate a judgment of conviction against a defendant who made a statement at sentencing that undermined the factual basis for his guilty plea?

MultiRegion, United States of America

The following excerpt is from United States v. Cannon, 18-208-cr (2nd Cir. 2019):

Cannon argues that the judgment of conviction must be vacated because statements made at sentencing undermined the factual basis for his guilty plea. Where, as here, "a defendant raises on appeal a claim of Rule 11 error that he did not raise in the district court, that claim is reviewable only for plain error." United States v. Torrellas, 455 F.3d 96, 103 (2d Cir. 2006). Under this standard, the defendant bears the burden of demonstrating "that (1) there was error, (2) the error was plain, [and] (3) the error prejudicially affected his substantial rights." Id. (internal quotation marks omitted).

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