Whether an unconstitutional conviction based on a plea colloquy that omitted an element of the offense must be reversed where the defendant objected to the involuntary plea for the first time on appeal

QUESTIONS PRESENTED Whether an unconstitutional conviction based on a plea colloquy that omitted an element of the offense must be reversed where the defendant objected to the involuntary plea for the first time on appeal. The Fourth Circuit said yes, and this Court’s precedents support its decision. See United States v. Gary, 954 F.3d 194, 198, 207 (4th Cir. 2020), reh’g en banc denied, 963 F.3d 420 (4th Cir. 2020) (en banc). Other appellate courts, including the Eleventh Circuit, have required the defendant to show a reasonable probability that he would not have pled guilty but for the error. See, e.g., United States v. Bates, 960 F.3d 1278, 1296 (11th Cir. 2020). This Court’s intervention is needed. ;