United States of America, Plaintiff-appellee, v. Byron C. Johnson, Defendant-appellant, 107 F.3d 18 (9th Cir. 1997)

 Annotate this Case
U.S. Court of Appeals for the Ninth Circuit - 107 F.3d 18 (9th Cir. 1997) Submitted Feb. 5, 1997. *Decided Feb. 07, 1997

Before: CANBY, HAWKINS and TASHIMA, Circuit Judges.

MEMORANDUM** 

Byron Johnson appeals his conviction, pursuant to a guilty plea, for mailing a threatening communication in violation of 18 U.S.C. § 876. Johnson contends that the district court failed to follow the mandates of Fed. R. Crim. P. 11, during his change of plea hearing. We agree with the government's concession that the district court failed to comply with Rule 11, that the error was not harmless, and that remand is necessary. See United States v. Smith, 60 F.3d 595 (9th Cir. 1995). We therefore vacate Johnson's plea and conviction and remand the matter to the district court for entry of a new plea and further appropriate proceedings.

VACATED and REMANDED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.