Defendant Failed to Show that Court's Error at Plea Hearing Affected Substantial Rights

US v. Ferrel, -- F.3d --, 2010 WL 1172596 (10th Cir. 3/29/10) - The Tenth Circuit affirms the defendant's conviction and sentence in a possession with intent to distribute meth and cocaine case. The district court erred when accepting the defendant's guilty plea by failing to inform defendant of the drug quantity element of the offense and by misinforming him of the statutory maximum sentence. The district court stated at the plea hearing that the elements were listed in the plea agreement, which actually did not mention the meth quantity involved. Since there was no objection, the plain error standard applies. There was no showing that the error affected substantial rights, i.e., that Mr. Ferrel would not have pleaded guilty and would have exercised right to trial if properly informed. The district court did not err by failing to submit drug quantity and quality to a jury; a defendant is not entitled to plead guilty to some elements of an offense and have a jury decide others.