U.S. v. Olson

In prosecution on several counts of distribution of sexually explicit pictures, Dist. Ct. erred in accepting defendant’s guilty plea without giving defendant required Rule 11 colloquy to establish that said plea was knowing and voluntary. Record showed that defendant had previously entered into guilty plea in which Dist. Ct. had given Rule 11 colloquy, but that defendant thereafter was granted leave to withdraw said plea. As such, Dist. Ct. was required to give new Rule 11 colloquy when defendant again wished to enter guilty plea, especially where record showed existence of defendant’s confusion as to: (1) what and how many counts were covered by said plea; and (2) whether govt. was going to abide by terms of original guilty plea. On remand, Dist. Ct. must allow defendant to enter either guilty or not guilty plea, and prosecution will thereafter be able to decide whether to pursue any plea agreement.