The following excerpt is from United States v. Ramos-Cardenas, Case No. 20-mj-08425-AGS-BAS-1 (S.D. Cal. 2020):
"When a defendant fails to object to a district court's asserted Rule 11 error, [the] review is limited to plain error." United States v. Monzon, 429 F.3d 1268, 1271 (9th Cir. 2005). To establish plain error, the defendant must demonstrate (1) error
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that is (2) "clear or obvious, rather than subject to reasonable dispute," and (3) that "affected the appellant's substantial rights, which in the ordinary case means he must demonstrate that it affected the outcome of the [lower] court proceedings." Puckett v. United States, 556 U.S. 129, 135 (2009) (quotation marks omitted). If the three prongs are satisfied, the court may, in its discretion, remedy the error if it "seriously affects the fairness, integrity or public reputation of the judicial proceedings." Id. (brackets and quotation marks omitted).
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