Terry Willis v. United States

The district court participated in plea discussions, in violation of Federal Rule Criminal Procedure 11(c)(1), by discussing the merits of a plea offer with Terry Willis before any finalized agreement existed between the parties. The Sixth Circuit read the prohibition established by Rule 11(c)(1) to essentially allow exceptions to the bar on judicial participation in plea discussions when a district court is ascertaining a defendant’s understanding of a plea offer for purposes of a hearing under Missouri v. Frye, 566 U.S. 134 (2012), and Lafler v. Cooper, 566 U.S. 156 (2012). The question before this Court is as follows: Does the prohibition on judicial involvement in plea discussions extend to a district court inviting a defendant’s questions about sentencing exposure as part of hearings to determine plea offers extended by the prosecution?