What is the test for causing substantial rights to a defendant by mistake?
MultiRegion, United States of America
The following excerpt is from United States v. Sica, No. 15-3486-cr (2nd Cir. 2017):
679 F.3d 83, 94 (2d Cir. 2012) (internal quotation marks omitted). In the Rule 11 context, substantial rights are affected only if there is a "reasonable probability that, but for the error, [the defendant] would not have entered the plea." United States v. Rodriguez, 725 F.3d at 276. We identify no error here, plain or otherwise.
a. Causation
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