In re Marcilin Anne Benvin

Summary

The Ninth Circuit granted Marcilin Benvin’s petition for a writ of mandamus after concluding that the district court impermissibly participated in plea negotiations in violation of Federal Rule of Criminal Procedure 11(c)(1). The court held that the district court improperly suggested a restitution term and imposed conditions on dismissal of the remaining counts. It ordered reassignment of the case to a different district judge to preserve the appearance of justice.

Holdings

1. The district court violated Federal Rule of Criminal Procedure 11(c)(1) by repeatedly suggesting that the parties add a $3 million restitution term to their plea agreement.
2. The district court violated Rule 11(c)(1) by imposing conditions on its approval of the government's proposal to dismiss forty-nine counts of the indictment.
3. Mandamus was the appropriate remedy because the Bauman factors favored relief.
4. Reassignment to a different district judge was appropriate to preserve the appearance of justice.

Questions Presented

1. Whether the district court impermissibly participated in plea negotiations in violation of Federal Rule of Criminal Procedure 11(c)(1) by suggesting a specific restitution term and imposing conditions on approval of the government's proposed dismissal of counts.
2. Whether a writ of mandamus was an appropriate remedy for the district court's intervention in the plea negotiations.
3. Whether the case should be reassigned to a different district judge to preserve the appearance of justice.

Disposition

writ_granted