• Mark Ryan

A Mistake in the 11th Cir. Opinion?

Three days ago, I blogged about the "Interesting New Criminal WOTUS Case." That case, United States v. Coleman, 2020 WL 7244923 (11th Cir. 2020) (unpublished), contains a mistake regarding WOTUS in the final paragraph that I originally missed. I've quoted the language below. Can you spot the mistake?

Finally, entering a judgment without an adequate factual basis “seriously affects the fairness, integrity or public reputation of judicial proceedings.” Olano, 507 U.S. at 736, 113 S. Ct. at 1779 (quotation marks omitted and alteration adopted). Rule 11’s requirement of a sufficient factual basis is to ensure that a factually innocent defendant does not mistakenly plead guilty. Lopez, 907 F.2d at 1100. The record does not provide the assurance that the fuel on the ground significantly affected the chemical, physical, and biological integrity of the Ochlocknee River. Therefore, we vacate Coleman's conviction and sentence, and remand to the district court for further proceedings.

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