162299P.pdf   08/10/2017  United States  v.  Wilbert V. Ladue, Jr.
   U.S. Court of Appeals Case No:  16-2299
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Loken, Author, with Wollman, Circuit Judge, and Rossiter, 
   District Judge] 
   Criminal case - Criminal law. Ineligibility for probation is not a 
   mandatory minimum penalty within the meaning of Rule 11(b)(1)(I) and the 
   court's failure to inform plaintiff that he was ineligible for probation 
   because he was pleading guilty to aggravated sexual abuse, a Class A 
   felony, was not a violation of the rule; even assuming that Rule 11 
   required the court to advise defendant that he was not eligible for 
   probation, the failure to do so was a harmless error because it did not 
   affect substantial rights; defendant could not show that eligibility for 
   probation was a decisive factor in his decision to plead guilty.