Does harmless error review apply in the Rule 11(a)(2) context?

Lustig's contention that harmless error review does not apply in the Rule 11(a)(2) context, and that any error, however slight or tangential, requires reversal with the opportunity to withdraw the plea, is incorrect in light of this precedent. Lustig rests his argument entirely on a statement in a footnote in our decision in United States v. Mejia , 69 F.3d 309 (9th Cir. 1995), that [i]f any ruling that forms a basis for the conditional plea is found to be erroneous, we are required to permit the defendant to withdraw his plea. Id. at 316 n.8. In context, it is clear that this sentence was not stating a general proposition

[830 F.3d 1087]

but responded instead to the particular facts of that case.