dominguez benitez argued april decided june counsel record petitioner theodore olson solicitor general washington dc respondent benitez myra mossman santa barbara ca respondent dominguez benitez hereinafter dominguez confessed selling drugs informant indicted drug possession conspiracy counts conspiracy count faced mandatory minimum sentence plea agreement government provided dominguez plead guilty conspiracy government dismiss possession charge receive reduction two levels allow authorize sentence otherwise mandatory minimum agreement bind sentencing withdraw plea rejected government stipulations recommendations pleaded guilty conspiracy charge plea colloquy failed mention though written plea agreement say dominguez withdraw plea accept government recommendations see fed rule crim proc probation office subsequently found dominguez three prior convictions making ineligible safety valve district sentenced mandatory minimum appeal dominguez argued first time district failure warn rule instructs withdraw plea accept government recommendations required reversal ninth circuit agreed citing olano applying federal rule criminal procedure standard held obtain relief unpreserved rule failing defendant must show reasonable probability error pleaded guilty pp defendant dilatory raising rule error reversal unwarranted unless error plain vonn except certain structural errors undermining criminal proceeding fairness whole relief error tied prejudicial effect standard phrased error affects substantial rights used rule means error prejudicial effect judicial proceeding outcome see kotteakos kotteakos held affect substantial rights error must substantial injurious effect influence determining verdict burden demonstrating prejudice materiality defendant seeking relief invoked similar standard requires reasonable probability error claimed result proceeding different required bagley opinion blackmun defendants dominguez burden establishing entitlement relief easy first standard enforce policies underpinning rule generally encourage timely objections reduce wasteful reversals demanding strenuous exertion get relief unpreserved error see vonn supra second respect particular importance finality guilty pleas usually rest defendant profession guilt open indispensable modern criminal justice system operation see timmreck pp ninth circuit test case fell short first element whether error minor technical requires examination omitted warning effect defendant decision failing repeated significant extent test second element whether defendant understood rights issue pleaded guilty standard allow consideration evidence tending show misunderstanding inconsequential defendant decision evidence indicating relative significance facts may borne choice regardless rule error consider overall strength government case record shows controlled drug sale informant confession one fairly ask defendant seeking withdraw plea thought gain going trial point defendant actual decision enquire whether omitted warning made difference required standard reasonable probability hard see warning affected dominguez assessment strategic position also plea agreement read dominguez native spanish specifically warned withdraw plea refused accept government recommendations fact uncontested dominguez tends show rule error made difference outcome pp reversed remanded souter delivered opinion rehnquist stevens kennedy thomas ginsburg breyer joined scalia filed opinion concurring judgment petitioner carlos dominguez benitez writ certiorari appeals ninth circuit june justice souter delivered opinion respondent claims right withdraw plea guilty consequence district failure give one warnings required federal rule criminal procedure claim rule error preserved timely objection standard rule applies requirement prove effect substantial rights question showing must thus made obtain relief unpreserved rule failing hold defendant obliged show reasonable probability error entered plea early may confidential informant working law enforcement arranged respondent carlos dominguez benitez hereinafter dominguez buy several pounds methamphetamine first informant got sample dominguez week later dominguez went restaurant anaheim california consummate sale company two confederates one brought shopping bag kilogram drugs meeting ended informant gave signal officers arrested dealers dominguez confessed selling methamphetamine gave information supplier confederates federal grand jury indicted dominguez two counts conspiracy possess grams methamphetamine possession grams methamphetamine mixture intent distribute conspiracy count dominguez faced statutory mandatory minimum sentence years maximum life stat district appointed counsel began talking government plea agreement september district received first several letters asked new lawyer expressed discomfort plea agreement counsel encouraging sign counsel motion held status conference dominguez spoke judge said dissatisfied representation wanted better deal asked whether talking disposition trial dominguez answered time decided go trial app counsel spoke effect later proceeding said told prosecutor along wo trial date set based client representations want trial explained dominguez help plea negotiations found reason change counsel shortly parties agreed dominguez plead guilty conspiracy government dismiss possession charge government stipulated dominguez receive known reduction two levels see sentencing commission guidelines manual hereinafter ussg safety valve important allow invoke authorizing sentence otherwise mandatory minimum certain cases diminished culpability chance dominguez sentence years chance turned satisfying five conditions one going dominguez criminal history agreement address agreement however warn dominguez bind sentencing dominguez withdraw plea accept government stipulations recommendations hearing next day dominguez changed plea guilty plea colloquy gave almost required rule warnings including warning plea agreement bind judge failed mention dominguez withdraw plea accept government recommendations see fed rule crim proc probation office subsequently issued report found dominguez three prior convictions two names neither defense counsel prosecutor known time plea negotiations upshot dominguez ineligible safety valve chance escape sentence years receiving two letters dominguez complaining quality counsel representation district sentenced dominguez mandatory minimum sentencing hearing counsel told thought dominguez might least eligible mitigation agreed three convictions dominguez told never knowledge points responsibility safety valve anything like app replied light lengthy change plea proceedings difficult accept dominguez said appeal dominguez argued district failure warn rule instructs withdraw guilty plea accept government recommendations required reversal waiting vonn divided panel appeals ninth circuit agreed cited olano applying standard held district indeed erred error plain affected dominguez substantial rights required correction interests justice show substantial rights affected appeals required dominguez prove error minor technical understand rights issue entered guilty plea rejected government arguments written plea agreement district statements plea colloquy sufficiently advised dominguez rights given dominguez inability speak english assurances counsel likely qualify provision judge tallman dissented warning majority analysis followed neither vonn circuit precedent granted certiorari question hether order show violation federal rule criminal procedure constitutes reversible plain error defendant must demonstrate pleaded guilty violation occurred pet cert reverse ii government agreed make nonbinding sentencing recommendation rule required advise defendant defendant right withdraw plea follow recommendation request rule however instructs every violation terms calls reversal conviction entitling defendant withdraw guilty plea variance requirements rule harmless error affect substantial rights fed rule crim proc vonn considered standard applies defendant dilatory raising rule error held reversal order unless error plain see olano supra although explained assessing effect rule error reviewing must look entire record plea proceedings alone vonn supra formulate standard determining whether defendant shown standard requires olano supra effect substantial rights certain structural errors undermining fairness criminal proceeding whole even preserved error requires reversal without regard mistake effect proceeding see arizona fulminante giving examples dominguez argue either rule error generally rule error structural otherwise relief error tied way prejudicial effect standard phrased error affects substantial rights used rule previously taken mean error prejudicial effect outcome judicial proceeding see kotteakos affect substantial rights see error must substantial injurious effect influence determining verdict kotteakos supra cases burden demonstrating prejudice materiality defendant seeking relief invoked standard similarities kotteakos formulation requiring showing reasonable probability error claimed result proceeding different bagley opinion blackmun adopting prejudice standard strickland washington claims brady maryland internal quotation marks omitted white concurring part concurring judgment reason appeared treating phrase affecting substantial rights untethered prejudice requirement applying olano nonstructural error doubting bagley sensible model follow vonn makes clear burden establishing entitlement relief plain error defendant claiming several reasons think burden easy defendants dominguez position first standard enforce policies underpin rule generally encourage timely objections reduce wasteful reversals demanding strenuous exertion get relief unpreserved error see vonn case reasons complemented fact worth repeating violation claimed rule due process hold therefore defendant seeks reversal conviction guilty plea ground district committed plain error rule must show reasonable probability error entered plea defendant must thus satisfy judgment reviewing informed entire record probability different result undermine confidence proceeding strickland supra bagley supra opinion blackmun already said points test applied appeals case fell short first element whether error minor technical phrase took graibe turn found commentary accompanied amendment rule element requires examination effect omitted warning defendant decision failing repeated significant extent second element ninth circuit test taken minore asks whether defendant understood rights issue entered guilty plea true enquiry gets closer first consideration likely effect rule error defendant decision plead assessing claim error affected defendant decision plead guilty must take account indication omission rule warning misled standard appeals allow consideration record evidence tending show misunderstanding inconsequential defendant decision evidence indicating relative significance facts may borne choice regardless rule relevant evidence appeals thus passed case included dominguez statement district intend go trial counsel confirmation representation made hearing neglected relevant considerations also included implications raised dominguez protests sentencing hearing claimed pleaded guilty never knowledge points responsibility safety valve anything like app statements credited show dominguez confused law applied sentence clearly informed suggest causal link confusion particular rule violation seeks relief matters may relevant escape notice ninth circuit test overall strength government case possible defenses appear record subjects courts accustomed considering strickland brady analysis record made guilty plea sentencing reveals evidence one showing controlled sale drugs informant confession one fairly ask defendant seeking withdraw plea might ever thought gain going trial point question defendant actual decision reasonably probable gone trial absent error matter choice may foolish point rather enquire whether omitted warning made difference required standard reasonable probability hard see warning effect dominguez assessment strategic position even reason think warning bench mattered plea agreement read dominguez native spanish specifically warned withdraw plea refused accept government recommendations fact uncontested dominguez tends show rule error made difference outcome reverse judgment appeals remand case proceedings consistent opinion ordered petitioner carlos dominguez benitez writ certiorari appeals ninth circuit june justice scalia concurring judgment agree much opinion concur disposition case however agree holding respondent need show prejudice preponderance evidence ante count adopted fewer four assertedly different standards probability relating assessment whether outcome trial different error occurred omitted evidence included see chapman california adopting harmless beyond reasonable doubt standard preserving direct review conviction obtained trial constitutional error occurred brecht abrahamson rejecting chapman favor less injurious effect standard kotteakos overturning conviction collateral review agurs rejecting kotteakos overturning conviction basis brady violations favor even less standard later described strickland washington reasonable probability distinguishing reasonable probability standard still yet less likely standard applicable claims newly discovered evidence see generally kyles whitley ineffable gradations probability seem quite beyond ability judicial mind mind grasp thus harmful rather helpful consistency rationality judicial decisionmaking especially applied hypothesizing events never fact occurred enterprise factfinding closer divination purposes estimating happened seems serviceable standards traditional beyond reasonable doubt likely pretend higher degree precision therefore extend reasonable probability standard context hold defendant failed object trial thus burden proving mistake failed prevent effect substantial rights must show effect probable likely footnotes dominguez speaks writes spanish english certified translator present hearings describe plea agreement letters english record show translated assisted dominguez writing agreement also contemplated dominguez total offense level guidelines considering safety valve downward adjustment acceptance responsibility assuming assuming minimal criminal history sentence low months see ussg ch pt sentencing table time plea hearing requirement appeared federal rule criminal procedure changed substance refer current rule text opinion likewise rules also received stylistic amendment courts appeals employed different tests see infra congress gave courts instruction partial response decision mccarthy felt caused many reversals reasons insubstantial see vonn discussing history rule argument made prevail omission single rule warning without colorably structural cf timmreck holding rule error without cognizable collateral review government burden addressing prejudice excusing preserved error harmless direct review criminal conviction enough negate effect outcome case see chapman california must able declare belief constitutional error harmless beyond reasonable doubt government burden showing constitutional trial error harmless comes collateral review heightened interest finality generally calls government meet lenient kotteakos standard brecht abrahamson burden defendant show prejudice first instance course easier show reasonable doubt constitutional error affected trial show likely effect outcome verdict standard similar one already applied courts appeals though courts drawn direct connection strickland bagley cases understood reviewing harmless rather plain error see martinez review asking whether rule violations likely affected defendant willingness plead guilty see also johnson en banc review asking whether defendant knowledge comprehension full correct information likely affect willingness plead guilty cf olano main difference substantial rights analyses burden persuasion shifts government defendant one significant difference however rule claims claims strickland brady maryland latter may raised postconviction proceedings petition habeas corpus motion vacate sentence proceedings permit greater development record see massaro strickland claims procedurally defaulted brought first time advantages form proceeding hearing cases rule claims contrast way open egregious cases timmreck supra see also vonn noting rule meant disturb timmreck defendant rarely ever able obtain relief rule violations relief direct appeal given standard apply many cases difficult get cf raineri boudin ust many fair trials perfect ones flaws also expected rule proceedings rule however foreclose relief altogether standard confused requirement defendant prove preponderance evidence error things different see kyles whitley another point contrast constitutional question whether defendant guilty plea knowing voluntary held example record criminal conviction obtained guilty plea contains evidence defendant knew rights putatively waiving conviction must reversed boykin alabama suggest conviction saved even overwhelming evidence defendant pleaded guilty regardless