221112P.pdf   07/20/2022  United States  v.  Douglas Schneider
   U.S. Court of Appeals Case No:  22-1112
   U.S. District Court for the District of North Dakota - Western   
   [PUBLISHED] [Benton, Author, with Gruender and Grasz, Circuit Judges] 
   Criminal case - Criminal law. Defendant did not waive his right to appeal 
   his Rule 11 issue; because defendant did not object before the district 
   court, his Rule 11 issue is subject to plain error review; the court's 
   comments at the first change of plea hearing to the effect that it would 
   sentence defendant at a particular range was plain error under U.S. v. 
   Thompson, 770 F.3d 689 (8th Cir. 2014) because it was the type of 
   participation in the plea negotiations prohibited by Rule 11; because 
   defendant repeatedly acknowledged at the second change of plea hearing 
   that the district court could impose a life sentence despite its comments 
   at the first hearing, he failed to show a reasonable probability that he 
   would not have pled guilty but for those comments; the particular facts 
   and circumstances of the entire record do not show that the Rule violation 
   affected defendant's substantial rights, and the district court's judgment 
   is affirmed. Judge Gruender, concurring in part and concurring in the 
   judgment.