Is Rule 11 violation of Rule 11 harmless if the court fails to mention the possibility of restitution?

MultiRegion, United States of America

The following excerpt is from U.S. v. Rogers, 984 F.2d 314 (9th Cir. 1993):

5 We have held, however, that where the court fails to mention the possibility of restitution, but does mention the possibility of a fine, and the amount of restitution ordered is less than the warned-of fine, the Rule 11 violation is harmless. See United States v. Pomazi, 851 F.2d 244, 248 (9th Cir.1988).

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