Ruth Diaz-Burgos v. United States
FifthAmendment CriminalProcedure
Whether Rule 11(b) requires advice of Fifth Amendment rights before plea colloquy interrogation
QUESTION PRESENTED The district court, in conducting a change of plea hearing, failed to advise Petitioner of her right to be free from compelled self-incrimination before questioning her under oath as to her criminal involvement in two related federal drug violations. The Eleventh Circuit held that there is no constitutional or rule requirement of advice of Fifth Amendment rights before the district court conducts an interrogation of a defendant about the defendant’s offense conduct. Does Rule 11(b) of the Federal Rules of Criminal Procedure require that an advice of rights under Fifth Amendment’s self-incrimination clause be afforded to a defendant before interrogation in a plea colloquy in which the district court seeks to elicit the defendant’s admission to conduct constituting a crime? i INTERESTED PARTIES The caption contains the names of all of the parties interested in the proceedings. ii