United States of America v. Michael Richard Stearns

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL RICHARD STEARNS,
Defendant - Appellant.
No. 11-30201
D.C. No. 3:10-cr-00112-TMB
MEMORANDUM*
Appeal from the United States District Court
for the District of Alaska
Timothy M. Burgess, District Judge, Presiding
Submitted May 15, 2012**
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Michael Richard Stearns appeals from his guilty-plea conviction and 57-
month sentence for being a felon in possession of a firearm, in violation of 18
U.S.C. §§ 922(g)(1) and 924(a)(2). We have jurisdiction under 28 U.S.C. § 1291,
FILED
MAY 21 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30201 2
and we vacate and remand.
Stearns contends that his guilty plea was involuntary and that the district
court did not comply with Federal Rule of Criminal Procedure 11 before accepting
his guilty plea. He seeks to withdraw his guilty plea based on the alleged
deficiencies. The government acquiesces in Stearns’s request for relief. We vacate
Stearns’s conviction and sentence, and remand to the district court with
instructions to allow Stearns to withdraw his guilty plea and for further
proceedings.
VACATED AND REMANDED.

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