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United States of America v. Ameyalli Sumara

May 12, 2011

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
AMEYALLI SUMARA ROJAS, DEFENDANT-APPELLANT.



Appeal from the United States District Court for the District of Arizona D.C. No.4:09-cr-02732-ESCAMILLA- JMR-1 John M. Roll, Chief District Judge, Presiding

The opinion of the court was delivered by: Judge O'Scannlain

FOR PUBLICATION

OPINION

Argued and Submitted February 16, 2011-San Francisco, California

Before: Diarmuid F. O'Scannlain and Stephen S. Trott, Circuit Judges, and Tena Campbell, District Judge.*

Opinion by

*The Honorable Tena Campbell, Senior United States District Judge for the District of Utah, sitting by designation.

COUNSEL

Jason M. Hannan, Assistant Federal Public Defender, District of Arizona, Tucson, Arizona, argued the cause for the appellant and filed briefs. With him on the briefs was Jon M. Sands, Federal Public Defender, District of Arizona, Tucson, Arizona.

Robert L. Miskell, Assistant United States Attorney, District of Arizona, Tucson, Arizona, argued the cause for the appellee and filed a brief. With him on the brief were Dennis K. Burke, United States Attorney, and Christina M. Cabanillas, Appellate Chief, District of Arizona, Tucson, Arizona.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether the taking of guilty pleas at a large group plea hearing violated a criminal defendant's rights protected by Federal Rule of Criminal Procedure 11 and the Fifth and Sixth Amendments.

I A On December 2, 2009, Ameyalli Escamilla-Rojas ("Escamilla") was arrested and charged with illegal entry into the United States, pursuant to 8 U.S.C. ยง 1325. A citizen of Mexico, Escamilla was apprehended near Sasabe, Arizona, and was charged with having entered the United States at a time and place other than that designated by immigration officials. The next day, she appeared at a group plea hearing in the ...


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