from the United States District Court for the Eastern
District of Kentucky at Lexington. No. 5:15-cr-00116-1-Danny
C. Reeves, District Judge.
Renée Paradis, San Francisco, California, for
Charles P. Wisdom Jr., John Patrick Grant, UNITED STATES
ATTORNEY'S OFFICE, Lexington, Kentucky, for Appellee.
Before: MOORE, GILMAN, and COOK, Circuit Judges.
NELSON MOORE, Circuit Judge.
Bryant Lamar Monie seeks to have this court order the
district court to permit him to withdraw his guilty plea
because at his plea hearing the district court told him that
the maximum sentence for Count 8 was ten years, when in fact
Count 8 carried a mandatory-minimum sentence of fifteen
years. Because the district court's misstatement was
plain error, we REMAND the case to the district court with
instructions that Monie be permitted to withdraw his guilty
plea to Count 8 and for further proceedings consistent with
was convicted of conspiracy to distribute heroin and cocaine
in violation of 21 U.S.C. § 846 (Count 1); possession
with intent to distribute heroin and cocaine, aided and
abetted by others, in violation of 21 U.S.C. § 841(a)(1)
and 18 U.S.C. § 2 (Count 6); use and carry of a firearm
in furtherance of a drug-trafficking crime in violation of 18
U.S.C. § 924(c)(1) (Count 7); and being a felon in
possession of a firearm in violation of 18 U.S.C. §
922(g) and the Armed Career Criminal Act, 18 U.S.C. §
924(e)(1) (Count 8). R. 56 (Judgment at 1) (Page ID #266).
Monie pleaded guilty to Counts 1 and 8 without a written plea
agreement. Id. Monie proceeded to a trial and was
convicted by a jury on Counts 6 and 7. Id.
8, the Armed Career Criminal Act charge, carried a
mandatory-minimum sentence of fifteen years and a maximum
sentence of life imprisonment. 18 U.S.C. § 924(e)(1).
During the plea colloquy, the district court erroneously did
not state that Count 8 carried a mandatory-minimum
sentence-instead, the district court erroneously stated that
the maximum sentence for Count 8 was ten years. R.
63 (Rearraignment Hr'g Tr. at 12) (Page ID #354).
fifteen-year mandatory-minimum sentence for Count 8 affected
every aspect of Monie's sentence. Because the
"statutorily required minimum sentence" of fifteen
years was "greater than the maximum of the applicable
guideline range" of 135 to 168 months, the
mandatory-minimum sentence for Count 8 determined the
Guidelines sentence for Count 8. U.S. Sentencing Guidelines
Manual (U.S.S.G.) § 5G1.1(b) (2015) ("Where a
statutorily required minimum sentence is greater than the
maximum of the applicable guideline range, the statutorily
required minimum sentence shall be the guideline
sentence."). Because the statutorily required minimum
sentence on Count 8 was also greater than the maximum
guideline range applicable to Counts 1 and 6, the
mandatory-minimum sentence for Count 8 also determined the
Guidelines sentence for Counts 1 and 6. U.S.S.G. § 5G1.2
cmt. 3(B) ("[W]here a statutorily required minimum
sentence on any count is greater than the maximum of the
applicable guideline range, the statutorily required minimum
sentence on that count shall be the guideline sentence on all
counts.") (citing U.S.S.G. § 5G1.1(b)). And because
§ 924(c) required the sentence for Count 7 to run
consecutively to any other sentence, see 18 U.S.C.
§ 924(c)(1)(D)(ii), the fifteen-year mandatory-minimum
sentence for Count 8 necessarily combined with the five-year
mandatory-minimum sentence for Count 7 to create a
mandatory-minimum twenty-year sentence.
district court sentenced Monie to the mandatory-minimum term
of twenty years of imprisonment (fifteen years each for
Counts 1, 6, and 8, to be served concurrently, and five years
on Count 7, to be served consecutively to the fifteen-year
sentence for the three other counts). R. 56 (Judgment at 2)
(Page ID #267).
pleaded guilty without a written plea agreement, and nothing
in the record indicates that Monie knew before he pleaded
guilty that Count 8 carried a fifteen-year mandatory-minimum
sentence. The Presentence Report (PSR), which was of course
prepared after Monie pleaded guilty and was convicted,
correctly stated that Count 8 carried a mandatory-minimum
penalty of fifteen years and maximum sentence of life. R. 59
(PSR at 15) (Page ID #296).
Rule of Criminal Procedure 11 requires a district court,
before accepting a plea of guilty, to "address the
defendant personally in open court . . . and inform the
defendant of, and determine that the defendant
understands" both "any maximum possible penalty,
including imprisonment, fine, and term of supervised
release" and "any mandatory minimum penalty."
Fed. R. Crim. P. 11(b)(1)(H), (I). "Where, as here, a
defendant does not present objections regarding any alleged
Rule 11 violation to the district court, we review for plain
error." United States v. Mobley, 618 F.3d 539,
544 (6th Cir. 2010). To prevail on plain-error review, a
defendant must show, first, that the district court committed
an error. Id. Second, he must show that the error
was plain, that is, "clear or obvious, rather than
subject to reasonable dispute." Id. (quoting
Puckett v. United States, 556 U.S. 129, 135 (2009)).
Third, he must show that the error affected the
defendant's substantial rights. Mobley, 618 F.3d
at 544. "More specifically, . . . '[he] must show a
reasonable probability that, but for the error, he would not
have entered the plea.'" United States v.
Hogg, 723 F.3d 730, 737 (6th Cir. 2013) (quoting
United States v.Dominguez Benitez, 542
U.S. 74, 83 (2004)) (second alteration in original). Fourth,
he must "persuade the court that the error seriously
affected the fairness, integrity or public reputation of
judicial proceedings." Id. (quoting United