Legal Opinion

United States v. Kenneth Brown

Court of Appeals for the Fifth Circuit

Decided October 27, 2014No. 14-60053Unpublished

1Opinion of the Court

PER CURIAM: *

Kenneth Cedric Brown appeals his guilty plea conviction for sexually exploiting a minor by production of sexually explicit material. He argues that the district court plainly erred in failing to advise him of his right to plead not guilty and to persist in a not-guilty plea, in violation of Federal Rule of Criminal Procedure 11(b)(1)(B).

As Brown concedes, he did not raise this issue in the district court and, therefore, review is limited to plain error. 1 To show plain error, Brown must show a forfeited error that is clear or obvious and that affects his substantial rights. 2 If…

2Cases cited4 opinions

  1. Puckett v. United StatesSupreme Court of the United States · 2009
  2. United States v. Dominguez BenitezSupreme Court of the United States · 2004
  3. United States v. Nicholas BachynskyCourt of Appeals for the Fifth Circuit · 1991
  4. United States v. Byron NealCourt of Appeals for the Fifth Circuit · 2013

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