United States v. Boyd
Docket: No. 99-30282; D.C. No. CR-98-00508-FR
Court: Court of Appeals for the Ninth Circuit; August 19, 2002; Federal Appellate Court
Robert Eugene Boyd appeals his conviction for using and carrying a firearm during the commission of a crime of violence, violating 18 U.S.C. § 924(c)(1) and 2. The appellate court affirms the conviction, stating it has jurisdiction under 28 U.S.C. § 1291. Boyd argues that the district court erred by not advising him of the nature of the charges as required by Federal Rule of Criminal Procedure 11(c)(1). However, since he did not raise this issue at the district court level, the appellate review is limited to plain error. Even if there was an error regarding the explanation of aiding and abetting liability, Boyd’s substantial rights were not affected, as evidenced by the superseding indictment, signed plea agreement, and his admissions during the plea proceeding. Boyd's claim that the court failed to define "firearm" as per § 924(c) is also dismissed. The court finds that he understood the charge involved the use of an actual firearm. Additionally, Boyd contends that the factual basis for his conviction was inadequate. The court concludes there was no plain error, as the uncontested presentence report and his admissions provided sufficient factual support for the plea. Finally, Boyd asserts that the district court erred by not allowing him to withdraw his guilty plea; however, the court notes he did not file a motion to withdraw, resulting in no error found. The conviction is affirmed, and the decision is not intended for publication or citation in this circuit except as allowed by 9th Cir. R. 36-3.