United States v. Brian Douglas Zickert

This is an appeal from a sentence imposed on a plea of guilty in a federal criminal drug importation case from the United States District Court for the Middle District of Florida. The primary complaint of the appellant, Brian Zickert, concerns the district court’s noncompliance with Fed.R.Crim.P. 11(e)(1)(B) (“Rule 11(e)(1)(B)”). Specifically, the issue is whether the district court committed harmless error when it failed to tell Zickert that he had no right to withdraw his plea of guilty if the court refused to impose the sentence recommended by the government.

We conclude that this omission…