United States v. Mark Roy Anderson, 993 F.2d 1435 (9th Cir. 1993). · Go Syfert
United States v. Mark Roy Anderson, 993 F.2d 1435 (9th Cir. 1993). Cases Citing This Book View Copy Cite
“statements made by a criminal defendant contemporaneously with his plea 13 should be accorded great weight because solemn declarations made in open court carry a 14 strong presumption of verity.”
102 citation events (49 in the last 25 years) across 13 distinct courts.
Strongest positive: Descoteaux v. United States (wawd, 2019-11-22) · Strongest negative: United States v. Gerard Lamont Nelson, United States of America v. Raymond David White (ca9, 1994-07-25)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" United States v. Gerard Lamont Nelson, United States of America v. Raymond David White
9th Cir. · 1994 · signal: but see · confidence high
See United States v. Rubalcaba, 811 F.2d 491, 493 (9th Cir.), cert. denied, 484 U.S. 832 , 108 S.Ct. 107 , 98 L.Ed.2d 66 (1987); but see, United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993).
discussed Cited as authority (verbatim quote) Descoteaux v. United States
W.D. Wash. · 2019 · quote attribution · 1 verbatim quote · confidence high
statements made by a criminal defendant contemporaneously with his plea 13 should be accorded great weight because solemn declarations made in open court carry a 14 strong presumption of verity.
discussed Cited as authority (verbatim quote) United States v. Ross
9th Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
tatements made by a criminal defendant contemporaneously with his plea should be accorded great weight because olemn declarations made in open court carry a strong presumption of verity.
discussed Cited as authority (verbatim quote) United States v. Patrick Kelly Shorb
9th Cir. · 1995 · quote attribution · 1 verbatim quote · confidence high
in order to be valid, a guilty plea must be voluntary and intelligent ....
discussed Cited as authority (rule) United States v. Ohm
9th Cir. · 2025 · confidence medium
Ohm’s argument that the court’s pre-plea comments coerced him into entering the plea, do not overcome the “great weight” and “strong presumption of verity” that we give his plea colloquy statements to the contrary, United States v. Anderson, 993 F.2d 1435, 1438 (9th Cir. 1993) (citation omitted), overruled on other grounds by United States v. Davila, 569 U.S. 597 , 608–10 (2013), which we credit over his subsequent arguments, see United States v. Castello, 724 F.2d 813, 815 (9th Cir. 1984).
discussed Cited as authority (rule) Maysonet-Soler v. United States (2×)
D.P.R. · 2024 · confidence medium
To this effect, see, U.S. v. Cano- Varela, 497 F.3d 1122, 1133 (10th Cir. 2007)(court crossed into forbidden territory when it informed the defendant that he would “be doing at least ten years in a federal penitentiary if he did not plead and was found guilty at trial and that a post-trial sentence will be a harsh one”)(internal citations omitted); U.S. v. Crowell, 60 F.3d 199, 204 (5th Cir. 1995)(sentence vacated where court indicated, while the parties were negotiating a second agreement, that a penalty more severe than in the initial rejected agreement was necessary); U.S. v. Anderson, …
discussed Cited as authority (rule) Vega-Cavada v. United States
D. Nev. · 2020 · confidence medium
Strickland, 466 U.S. at 697 . 16 “[W]hen a defendant claims that his counsel’s deficient performance deprived him of a trial by 17 causing him to accept a plea, the defendant can show prejudice by demonstrating a ‘reasonable 18 probability that, but for counsel’s errors, he would not have pleaded guilty and would have 19 insisted on going to trial.’” Lee v. United States, 137 S. Ct. 1958, 1965 (2017) (quoting Hill v. 20 Lockhart, 474 U.S. 52, 60 (1985)). 21 “Statements made by a defendant during a guilty plea hearing carry a strong presumption 22 of veracity in subsequent proceed…
discussed Cited as authority (rule) Barreras-Adriano v. United States
D. Nev. · 2019 · confidence medium
However, during his plea and his sentencing, under oath, 19 Defendant assured the Court that he: 1) was pleading guilty because he was in fact guilty and for 20 no other reason; 2) that his attorney had reviewed the charges, the evidence against him and 21 possible defenses with him; 3) that no one had made any promises to him regarding his sentence; 22 and 4) was aware that he could appeal any sentence the Court imposed. 23 “Statements made by a defendant during a guilty plea hearing carry a strong presumption 24 of veracity in subsequent proceedings attacking the plea.” United States v. …
examined Cited as authority (rule) United States v. Guadalupe Velazquez (3×)
9th Cir. · 2017 · confidence medium
As explained below, we think it is likely that her statements instead were caused by the magistrate judge’s discussion of the plea the day before. 3 See United States v. Anderson, 993 F.2d 1435, 1438 (9th Cir. 1993) (explaining that when a judge improperly participates in a plea negotiation, the defendant’s “responses to the judge’s questioning during the formalistic colloquy do not allay our concerns regarding volun-tariness”), abrogated on other grounds by United States v. Davila, — U.S. -, 133 S.Ct. 2139, 186 L.Ed.2d 139 (2013).
discussed Cited as authority (rule) United States v. Kenneth Kyle (2×)
9th Cir. · 2013 · confidence medium
Davila abrogated the prior rule in this circuit that “Rule ll’s ban [on judicial participation in plea negotiations is] an absolute command which admits of no exceptions.” Id. at 2146 n. 2 (quoting United States v. Anderson, 993 F.2d 1435, 1438-39 (9th Cir.1993)) (alteration in original).
cited Cited as authority (rule) United States v. Larry Jordan
9th Cir. · 2013 · confidence medium
United States v. Anderson, 993 F.2d 1435, 1438 (9th Cir. 1993).
discussed Cited as authority (rule) United States v. Tim Collins
9th Cir. · 2012 · confidence medium
In Frank , where, as here, "the judge ... was not trying to shape the agreement or persuade either side to accept it,” Rule 11 is not violated. 36 F.3d at 902 ; Compare United States v. Torres, 999 F.2d 376, 378 (9th Cir.1993) (district court did not violate Rule 11 where parties had already "hammered out” the agreement before presenting to sentencing judge, who then engaged in colloquy to determine the nature of the plea deal); with United States v. Garfield, 987 F.2d 1424, 1426-27 (9th Cir.1993) (district court erred by advising defendant on the merits of pleading guilty); United States …
discussed Cited as authority (rule) Seth Muth v. Dwight Fondren
9th Cir. · 2012 · confidence medium
Solemn declarations in open court carry a strong presumption of verity.”); United States v. Ross, 511 F.3d 1233, 1236 (9th Cir. 2008) (“Statements made by a defendant during a guilty plea hearing carry a strong pre- MUTH v. FONDREN 6025 sumption of veracity in subsequent proceedings attacking the plea.”); United States v. Morrison, 113 F.3d 1020, 1021 (9th Cir. 1997) (“Any attempt to contradict the factual basis of a valid plea must fail.”); United States v. Anderson, 993 F.2d 1435, 1438 (9th Cir. 1993) (“Statements made by a criminal defendant contemporaneously with his plea shoul…
discussed Cited as authority (rule) Muth v. Fondren
9th Cir. · 2012 · confidence medium
Solemn declarations in open court carry a strong presumption of verity.”); United States v. Ross, 511 F.3d 1233, 1236 (9th Cir.2008) (“Statements made by a defendant during a guilty plea hearing carry a strong presumption of veracity in subsequent proceedings attacking the plea.”); United States v. Morrison, 113 F.3d 1020, 1021 (9th Cir.1997) (“Any attempt to contradict the factual basis of a valid plea must fail.”); United States v. Anderson, 993 F.2d 1435, 1438 (9th Cir.1993) (“Statements made by a criminal defendant contemporaneously with his plea should be accorded great weight…
discussed Cited as authority (rule) United States v. Gonzalez-Melchor (2×) also: Cited "see"
9th Cir. · 2011 · confidence medium
This is such a bright-line rule that “a finding of judicial misconduct in connection with a plea proceeding constitutes plain error and entitles a defendant to withdraw his guilty plea even if the error is identified for the first time on appeal.” United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993).
cited Cited as authority (rule) United States v. Escamilla-Rojas
9th Cir. · 2011 · confidence medium
United States v. Anderson, 993 F.2d 1435, 1438 (9th Cir.1993) (internal quotation marks omitted).
discussed Cited as authority (rule) People v. Crumb (2×)
Colo. Ct. App. · 2008 · confidence medium
With respect to sentencing agreements, a court impermissibly inserts itself into the plea bargaining process if it "comments on or mandates what it perceives to be an appropriate penalty for a defendant in the context of plea agreement discussions." U.S. v. Bierd, 217 F.3d 15, 20 (1st Cir.2000); see, e.g., United States v. Miles, 10 F.3d 1135, 1138-40 (5th Cir.1993) (judge violated rule by indicating that he would be more comfortable if the defendants were never released from custody and effectively helped craft a more stringent plea agreement than the one the parties proposed); United States …
discussed Cited as authority (rule) United States v. Ross
9th Cir. · 2008 · confidence medium
United States v. Kaczynski, 239 F.3d 1108, 1115 (9th Cir.2001) (giving “substantial weight” to a defendant’s in-court statements in determining whether a guilty plea was voluntary); United States v. Anderson, 993 F.2d 1435, 1438 (9th Cir.1993) (“[Statements made by a criminal defendant contempora *1237 neously with his plea should be accorded great weight because [sjolemn declarations made in open court carry a strong presumption of verity.”) (internal quotation omitted).
cited Cited as authority (rule) United States v. Franscioni
9th Cir. · 2003 · confidence medium
United States v. Anderson, 993 F.2d 1435, 1438-39 (9th Cir.1993).
cited Cited as authority (rule) United States v. Johnson
9th Cir. · 2003 · confidence medium
United States v. Anderson, 993 F.2d 1435, 1438-39 (9th Cir.1993), (citing United States v. Bruce, 976 F.2d 552, 558 (9th Cir.1992)).
discussed Cited as authority (rule) United States v. Myers
9th Cir. · 2001 · confidence medium
The district court did not abuse its discretion in denying Myers’s motion to withdraw his guilty plea, see United States v. Rios-Ortiz, 830 F.2d 1067, 1069 (9th Cir.1987), or err in determining that Myers voluntarily entered that plea, see United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993).
discussed Cited as authority (rule) United States v. Bierd
1st Cir. · 2000 · confidence medium
See, e.g., United States v. Crowell, 60 F.3d 199, 204 (5th Cir.1995) (sentence vacated because it was improper for court to indicate, while the parties were negotiating a second agreement, that a penalty more severe than that in the initial rejected agreement was necessary); United States v. Anderson, 993 F.2d 1435, 1439 (9th Cir.1993) (plea vacated due to court’s violation of the rule by its “prospective refusal to accept a plea to fewer than the full thirty counts, and direction to the prosecutor not to offer any such deal in the future”).
discussed Cited as authority (rule) United States v. Hernandez
9th Cir. · 2000 · confidence medium
While ordinarily we will not consider issues not properly raised below, see United States v. Reyes-Alvarado, 963 F.2d 1184, 1189 (9th Cir.1992), we held in United States v. Anderson, 993 F.2d 1435 (9th Cir.1993), that, because challenges to the voluntariness of a plea are questions of law, we may address those challenges when raised for the first time on appeal if “the comments by the district court [that allegedly made the plea involuntary] are all on the record [and] there is no factual dispute regarding their nature.” Id. at 1437 (second alteration in original); see also United States v…
discussed Cited as authority (rule) United States v. Pedro Hernandez
9th Cir. · 2000 · confidence medium
While ordinarily we will not consider issues not properly raised below, see United States v. Reyes-Alvarado, 963 F.2d 1184, 1189 (9th Cir. 1992), we held in United States v. Anderson , 993 F.2d 1435 (9th Cir. 1993), that, because challenges to the voluntariness of a plea are questions of law, we may address those challenges when raised for the first time on appeal if "the comments by the district court [that allegedly made the plea involuntary] are all on the record [and] there is no factual dispute regarding their nature." Id. at 1437 (second alteration in original); see also United States v.…
discussed Cited as authority (rule) United States v. Binh Cong Nguyen
9th Cir. · 1997 · confidence medium
In this case, Counts 1 and 2 provide the same offense level, 32 3 In any event, the ban on judicial participation in the plea-bargaining process is premised on the "high and unacceptable risk of coercing a defendant to accept the proposed agreement and plead guilty.", United States v. Anderson, 993 F.2d 1435, 1439 (9th Cir.1993)
cited Cited as authority (rule) United States v. Mirssa Araiza-Reyes, A/K/A Mirssa Araiza Reyes
9th Cir. · 1997 · confidence medium
United States v. Anderson, 993 F.2d 1435, 1438 (9th Cir.1993); United States v. Mims, 928 F.2d 310, 313 (9th Cir.1991).
discussed Cited as authority (rule) United States v. Paul Aduluije Aghaji
9th Cir. · 1996 · confidence medium
See Fed.R.Crim.P. 11(h); United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993) Aghaji's claim that he should have been informed that he was subject to a five-year term of supervised release is frivolous in light of the district court's imposition of a four-year supervised release term. 3 Agahji erroneously asserts that his sentence was based upon drugs possessed by Ike Mbanefo.
discussed Cited as authority (rule) United States v. Jeffery T. Stahler
6th Cir. · 1996 · confidence medium
United States v. Martinez-Martinez, 69 F.3d 1215, 1219 (1st Cir.1995); United States v. Cross, 57 F.3d 588, 590 (7th Cir.), cert. denied, 116 S.Ct. 406 (1995); United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993); United States v. Young, 927 F.2d 1060, 1061 (8th Cir.), cert. denied, 502 U.S. 943 (1991).
cited Cited as authority (rule) Clyde Raymond Spencer v. Joseph Klauser Christine O. Gregoire
9th Cir. · 1995 · confidence medium
Sanchez v. United States, 50 F.3d 1448, 1454 (9th Cir.1995); United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993).
examined Cited as authority (rule) United States v. Henry Munoz Roman (4×) also: Cited "see"
9th Cir. · 1995 · confidence medium
United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993).
discussed Cited as authority (rule) John Doe v. United States
7th Cir. · 1995 · confidence medium
See, e.g., United States v. Phillips, 37 F.3d 1210, 1215 (7th Cir.1994) (failure to raise at sentencing the government’s breach of a plea agreement waives the issue for direct appeal); United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993) (failure to challenge voluntariness of guilty plea before the district court waives the issue); United States v. Murphy, 899 F.2d 714, 716 (8th Cir.1990) (same).
cited Cited as authority (rule) United States v. Adalberto Rivera-Valdivia
9th Cir. · 1995 · confidence medium
United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993).
discussed Cited as authority (rule) United States v. Salvador Andrade-Larrios
9th Cir. · 1994 · confidence medium
Compare Torres, 999 F.2d at 378 (judge did not violate Rule 11 — parties had already “hammered out” the agreement before presenting to sentencing judge) with United States v. Garfield, 987 F.2d 1424, 1426-27 (9th Cir.1993) (district court erred by advising defendant on the merits of pleading guilty); United States v. Anderson, 993 F.2d 1435, 1436-38 (9th Cir.1993) (judge violated Rule 11 by stating before plea agreement had been reached that *990 he would not accept anything less than a guilty plea to all counts charged); Bruce, 976 F.2d at 556-58 (judge violated Rule 11 by encouraging d…
discussed Cited as authority (rule) United States v. Rodolfo Alvarado-Maldonado, AKA Roldolfo Maldonado-Alvarado, AKA Salvador Gonzalez-Garcia
9th Cir. · 1994 · confidence medium
United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993). 6 A. The Voluntary Nature of Alvarado-Maldonado's Plea. 7 The district court's questioning during the Rule 11 hearing indicates that Alvarado-Maldonado decided for himself that he was satisfied with his lawyer's work and personally chose to plead guilty.
discussed Cited as authority (rule) United States v. Billie Jo Gustafson
9th Cir. · 1994 · confidence medium
United States v. Anderson, 993 F.2d 1435 1437 (9th Cir.1993). 7 A conditional plea must be in writing, must specify the issues to be reserved, and must "have the approval of the court and the consent of the government." Fed.R.Crim.P. 11(a)(2); see United States v. Carrasco, 786 F.2d 1452, 1453-54 (9th Cir.1986).
discussed Cited as authority (rule) Bianchi v. Blodgett
9th Cir. · 1994 · confidence medium
Coercion is judged by an objective standard, Iaea, 800 F.2d at 868 n. 7, looking at the "totality of the circumstances surrounding the plea." United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993).
discussed Cited as authority (rule) Norman Ray Freelove v. United States
9th Cir. · 1994 · confidence medium
United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993). 4 The record clearly reflects that the district court inquired, at the time Freelove entered his guilty pleas, whether Freelove understood that his sentence could be imposed consecutively.
cited Cited as authority (rule) United States v. Howard Nelson, Sr., United States of America v. Howard Nelson, Jr.
9th Cir. · 1994 · signal: cf. · confidence medium
Cf. United States v. Anderson, 993 F.2d 1435, 1439 (9th Cir.1993) (participation by district court during plea negotiation process not allowed)
cited Cited as authority (rule) United States v. John Edward Buglione
9th Cir. · 1994 · confidence medium
United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993).
cited Cited as authority (rule) United States v. Alberto Lopez-Yanez
9th Cir. · 1994 · confidence medium
United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993).
examined Cited as authority (rule) United States v. Darlene Naomi Green (3×) also: Cited "see"
9th Cir. · 1994 · confidence medium
Sec. 1291 , and we grant counsel's motion to withdraw and affirm the district court's judgment. 1 4 * Guilty Plea 5 "The voluntariness of a guilty plea is generally reviewed de novo on appeal after a defendant has made an unsuccessful attempt to withdraw his plea below." United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993).
cited Cited as authority (rule) Douglas Sand v. William Bunnell
9th Cir. · 1994 · confidence medium
United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993). 8 To comport with due process, a guilty plea must be knowing, intelligent, and voluntary.
discussed Cited as authority (rule) United States v. Hugh Mack Vickers
9th Cir. · 1993 · confidence medium
United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1990). 15 A defendant does not have a right to withdraw his or her plea before sentencing and must show a fair and just reason supports the motion.
discussed Cited "see" United States v. Delcia Arqueta-Ramos
9th Cir. · 2013 · signal: see · confidence high
See United States v. Anderson, 993 F.2d 1435, 1438 (9th Cir.1993) (explaining that, where the district court improperly participated in plea negotiations and imposed “unreasonable constraints” regarding the time period within which the defendant could plead guilty, “[the defendant’s] responses to the judge’s questioning” did not “allay our concerns regarding voluntariness”), abrogated on other grounds by Davila, 133 S.Ct. at 2146 n. 2.
cited Cited "see" United States v. Mendoza
9th Cir. · 2001 · signal: see · confidence high
See United States v. Anderson, 993 F.2d 1435 (9th Cir.1993); United States v. Garfield, 987 F.2d 1424 (9th Cir.1993); United States v. Bruce, 976 F.2d 552 (9th Cir.1992).
discussed Cited "see" United States v. Chong
D. Haw. · 2001 · signal: see · confidence high
See United States v. Anderson, 993 F.2d 1435, 1438 (9th Cir.1993); United States v. Mims, 928 F.2d 310, 313 (9th Cir.1991); United States v. Hoyos, 892 F.2d 1387, 1400 (9th Cir.1989) (holding that district court was entitled to credit defendant’s testimony at time he entered plea and to disbelieve the allegations in affidavit in support of motion to withdraw guilty plea).
discussed Cited "see" United States v. James Lavelle Gaither,defendant-Appellant (2×)
9th Cir. · 2001 · signal: see · confidence high
See United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993). 13 .
discussed Cited "see" United States v. Anthony Agulto Ascura
9th Cir. · 1998 · signal: see · confidence high
See United States v. Anderson, 993 F.2d 1435, 1438 (9th Cir.1993); United States v. Mims, 928 F.2d 310, 313 (9th Cir.1991). 6 Ascura argues that he should have been permitted to withdraw his guilty plea because he believed that he had an absolute right to withdraw his plea before the district court accepted the plea agreement.
discussed Cited "see" Ricardo Garcia v. Kay Walter
9th Cir. · 1997 · signal: see · confidence high
See United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993). 5 The district court must hold an evidentiary hearing if (1) the petitioner's allegations, if proved, would entitle him to relief, and (2) the state court trier of fact had not reliably found the relevant facts after a full and fair hearing.
cited Cited "see" Christopher S. Aldridge v. D.R. Hill Attorney General of the State of California
9th Cir. · 1996 · signal: see · confidence high
Hill v. Lockhart, 474 U.S. 52, 56 , 106 S.Ct. 366, 369 , 88 L.Ed.2d 203 (1985); see United States v. Anderson, 993 F.2d 1435, 1437 (9th Cir.1993).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Mark Roy ANDERSON, Defendant-Appellant
91-50395.
Court of Appeals for the Ninth Circuit.
May 20, 1993.
993 F.2d 1435
Loretta Shartis, Sherman Oaks, CA, for defendant-appellant., George Cardona, Asst. U.S. Atty., Los An-geles, CA, for plaintiff-appellee.
Browning, Schroeder, Fletcher.
Cited by 65 opinions  |  Published
FLETCHER, Circuit Judge:

Mark Roy Anderson, who pleaded guilty to two counts of a thirty-count indictment for mail fraud in violation of 18 U.S.C. § 1341, appeals his conviction and sentence on the grounds that the district court coerced Anderson into pleading guilty and impermis-sibly participated in the plea bargaining process, improperly reserved judgment on Anderson’s motion regarding a state grant of immunity until after trial, erred in considering all of the fraudulent activities alleged in the indictment in sentencing Anderson, and ordered restitution in excess of that permitted by law. Because the trial judge improperly influenced the plea negotiation process, we vacate Anderson’s conviction.

FACTS AND PROCEDURAL HISTORY

In the mid-1980’s, Anderson, acting through certain companies that he controlled, established and promoted a series of limited partnerships for the ostensible purpose of buying and restoring historic buildings. According to the indictment, very little of the $6.8 million raised by Anderson in connection with these projects was actually used to purchase or refurbish the properties in question. Instead, it is alleged, Anderson illicitly withdrew investors’ funds froni escrow accounts and redistributed the monies according to an elaborate Ponzi scheme to benefit himself and other entities he controlled.

Anderson was indicted for thirty counts of mail fraud on March 6, 1991. On April 10, 1991 he appeared before the district court and entered a plea of not guilty to the charges. We recount the events at the April 10 hearing in some detail because it is at this hearing that Anderson contends he was pressured into changing his plea by the district judge.

After Anderson entered his not guilty plea, the judge set a trial date of April 30, 1991, commenting as he did so that “both counsel have indicated it’s going to take six weeks to try. I don’t believe it’s going to take any six weeks to try. I’m a former accountant and this is a — seems to me a very, very simple ease.” (Reporter’s Transcript (“R.T.”) of 4/10/91 Hearing at 4-5.) Anderson’s attorney objected to the swift trial date, explaining that he had just picked up the case the previous Monday, had first met with the prosecutor the day before, and that there were numerous boxes of documents to review and witnesses to interview in what he perceived to be a complex case. After the court reiterated its view that it would not be a difficult ease for anyone to try, defense counsel stated that in order to represent his client effectively, he would need more time to prepare for trial. The district judge responded as follows:

Well, you had a former attorney in the case and there was an agreed-upon plea bargain or plea agreement in this matter that I understand has been backed away from. And I have no problem with that except to tell you this. I will not accept a plea from this point on in this case unless it is to all counts. So I mean, I’m telling the Government at this point not to make any deals because I will not honor any deals or recommendations that you make in this case.
In the event of a verdict the Court wants complete control over these cases. I don’t believe in — in plea negotiations at all. So with regard to this matter, I’m prepared to try it because the maximum trial time on this ease, according to our records counsel, is May the 23rd, 1991.

(Id. at 6.)

Anderson’s attorney countered that he was of the opinion that his preparation time would be excludable from the speedy trial[*1437] clock. He also pointed out that there was an issue to be resolved before trial of whether the government’s evidence was tainted by a grant of immunity to Anderson in connection with a state receivership action in which Anderson had testified. Without giving its reasons for postponing its ruling, the court reserved the right to decide the immunity issue at the conclusion of the trial.

After defense counsel continued to press for more preparation time, and in deference to the AUSA’s trial schedule, the court finally agreed to reschedule the trial for May 14. At this juncture, Anderson, through his counsel, requested a ten-minute break. Following the recess, Anderson’s attorney inquired “whether, based on the statements the Court has made already, the Court might still consider entertaining a plea in this matter as late as Friday of this week,” noting that the prosecutor had indicated that the deal would remain open until that time. (Id. at 10.) The court agreed to continue the case until Friday, stating,

I don’t want to coerce anything out of the defendant in this particular case, but you must — and I know your schedule’s probably busy. You must sit down and explain what the ramifications are.
See, I don’t believe in negotiations once it leaves Arraignment Court. I’m not Monty Hall, this is not “Let’s Make a Deal.”

(Id. at 11.)

Two days later, on April 12, 1991, Anderson appeared before the district court and pleaded guilty to counts nine and twelve pursuant to a plea agreement under which the government agreed to dismiss the remaining counts of the indictment. At the change of plea hearing, the court asked Anderson whether there had been any threats made against him or any member of his family that had compelled him to plead guilty, to which Anderson responded, “No.” (R.T. of 4/12/91 Hearing at 9.) Anderson also stated that he was entering his plea on a free and voluntary basis.

The district court sentenced Anderson to consecutive terms of imprisonment of five years on count nine and two years on count twelve, and ordered him to pay restitution in the amount of $6,770,000 to the state-appointed receiver acting on behalf of the investors. This appeal ensued.

DISCUSSION

Anderson asserts that he should be permitted to withdraw his plea of guilty because it was not freely entered and because the court violated Federal Rule of Criminal Procedure 11 by improperly injecting itself into the plea bargaining process.

A. Voluntariness

In order to be valid, a guilty plea must be voluntary and intelligent, and cannot be the result of threats, misrepresentations, or improper promises. Hill v. Lockhart, 474 U.S. 52, 56, 106 S.Ct. 366, 369, 88 L.Ed.2d 203 (1985); Mabry v. Johnson, 467 U.S. 504, 509, 104 S.Ct. 2543, 2547, 81 L.Ed.2d 437 (1984). The voluntariness of a guilty plea is generally reviewed de novo on appeal after a defendant has made an unsuccessful attempt to withdraw his plea below. See United States v. Zweber, 913 F.2d 705, 710 (9th Cir.1990). In considering the issue of voluntariness, a reviewing court must examine the totality of circumstances surrounding the plea. Iaea v. Sunn, 800 F.2d 861, 866 (9th Cir.1986).

Anderson did not raise the voluntariness of Rule 11 concerns or seek to withdraw his plea in the trial court. Ordinarily we will not review issues not properly presented below. But because “[t]he comments by the district court regarding the plea negotiations are all on the record [and] there is no factual dispute regarding their nature,” Anderson’s challenge is a question of law, and we may address it. United States v. Bruce, 976 F.2d 552, 555 (9th Cir.1992). We do so with the understanding that a finding of judicial misconduct in connection with a plea proceeding constitutes plain error and entitles a defendant to withdraw his guilty plea even if the error is identified for the first time on appeal. Id. at 554; United States v. Sanchez-Lopez, 879 F.2d 541, 551 (9th Cir.1989).

Despite the district court’s representation to the contrary, the April 10 hearing in fact bore some resemblance to an episode from Let’s Make a Deal. The judge’s open[*1438] ing pronouncement that he would not after that date accept a plea to fewer than all thirty counts of the indictment and admonishment that the government was not to “make any deals,” aside from constituting improper judicial intervention in the plea negotiation process, as is discussed below, meant that Anderson had to decide immediately whether he wished to change the not guilty plea he had just entered to one of guilty. By the end of the hearing the court permitted Anderson two more days to consider his options, but only after Anderson had given some indication that he might in fact be amenable to entering a guilty plea, and the court’s sanction for not going ahead with the plea still hung in the air. The timing of Anderson’s apparent change of heart and his attorney’s reference to “the statements the Court ... made” in inquiring as to the court’s willingness to entertain a guilty plea two days later strongly suggest that the position taken by the district judge was a substantial factor in Anderson’s decision. Indeed, it is difficult to imagine how Anderson could not have felt pressured when confronted with the court’s “now or never” tactics at the April 10 hearing.

The court’s refusal to grant a continuance to Anderson’s newly appointed counsel to prepare for what would appear to be at least a moderately complicated trial contributed to the coercive atmosphere. The decision whether to grant a continuance is within the discretion of the trial court, so long as a defendant’s due process rights are not violated. United States v. Bogard, 846 F.2d 563, 566 (9th Cir.1988). We have no occasion here to decide whether the district court abused its discretion in denying the continuance or ran afoul of due process. We do note, however, that even though the judge, in a not overly generous concession, ultimately did push the trial date back two weeks, his unwillingness to grant more time in the face of numerous and persistent well-founded requests on the part of Anderson’s attorney might well have been interpreted by Anderson as a sign that his interests would be jeopardized if he chose to go to trial. [1]

In assessing the voluntariness of Anderson’s plea, we are mindful of the fact that at his change of plea hearing, Anderson denied having been threatened and stated that his plea was wholly voluntary. “[Statements made by a criminal defendant contemporaneously with his plea should be accorded great weight” because “[sjolemn declarations made in open court carry a strong presumption of verity.” Chizen v. Hunter, 809 F.2d 560, 562 (9th Cir.1986). In this case, where the “threat” faced by the defendant was the stance adopted by the district judge toward his case, Anderson’s responses to the judge’s questioning during the formalistic colloquy do not allay our concerns regarding volun-tariness.

We conclude, in light of all the circumstances, that the district judge imposed unreasonable constraints on Anderson’s deci-sionmaking process, and that those constraints rendered his guilty plea involuntary. While we are sympathetic to the district judge’s apparent desire to treat the case expeditiously, we cannot condone case management that interferes with the defendant’s right to a fair disposition of his case.

B. Court’s Participation in Plea Negotiations

The second ground for our conclusion that Anderson’s conviction cannot be sustained is that the district judge failed to abide by the safeguards established by Federal Rule of Criminal Procedure 11. Rule 11 addresses plea bargaining discussions between the government and a defendant. It flatly proscribes court participation “in any such discussions.” Fed.R.Crim.P. 11(e)(1). Regardless of whether he has shown actual[*1439] prejudice, a defendant who has pleaded guilty after the judge has participated in plea discussions is entitled to replead. United States v. Bruce, 976 F.2d 552, 558 (9th Cir.1992).

In Bruce, our court treated the Rule 11(e)(1) prohibition in some depth. In that ease, the district court advised the defendants at a hearing to “think about” the plea bargain the government was offering, and to consider the fact that they were facing a life sentence “[vjersus a prospective 42 months [under the plea agreement].... I mention [the life sentence] to you because the new laws are so heavy, so very, very heavy, and I am the one that has to impose that sentence if you are found guilty on all of these things.” Id. at 555. The Bruce panel, reasoning that judicial participation in the plea bargaining process “inevitably carries with it the high and unacceptable risk of coercing a defendant to accept the proposed agreement and plead guilty,” interpreted Rule ll’s ban as an absolute command which “admits of no exceptions” and vacated Bruce’s conviction. Id. at 556, 558.

In the case at hand, the court’s prospective refusal to accept a plea to fewer than the full thirty counts, and direction to the prosecutor not to offer any such deal in the future, usurped' the government’s role and made the judge a participant in the plea negotiation process. Although the district judge’s comments in this case did not directly address Anderson’s decision whether to plead guilty, they were more obviously coercive than those we found unacceptable in Bruce since they effectively threw the weight of the court behind the prosecution.

The government rightly points out that a defendant has no constitutional right to plea bargain. United States v. Wheat, 813 F.2d 1399, 1405 (9th Cir.1987), aff'd, 486 U.S. 153, 108 S.Ct. 1692, 100 L.Ed.2d 140 (1988). But a trial court may not flatly reject all potential offers by the government. As we explained in United States v. Miller, 722 F.2d 562 (9th Cir.1983), a case in which the district court refused to accept any charge bargains that left standing only one count of a multiple-count indictment, it is an abuse of discretion to impose categorical rules on plea bargaining: “Rule 11 permits district courts to assess the wisdom of plea bargains; this grant of power carries with it the duty to exercise it responsibly. When a court establishes a broad policy based on events unrelated to the individual ease before it, no discretion has been exercised.” Id. at 564-65.

Here the district court’s ex ante rejection of any “deals,” especially when viewed in the context of the judge’s express desire to retain “control” over Anderson’s case and general distaste for plea bargaining, was a clear abuse of discretion and violated Rule ll(e)(l)’s absolute prohibition on court participation in the plea negotiation process.

CONCLUSION

Because Anderson’s guilty plea was not voluntarily entered and the district judge improperly participated in the plea discussions, the plea cannot stand. In light of our conclusion that Anderson must be permitted to replead, we need not reach the other issues Anderson raises on appeal.

Anderson’s conviction is VACATED and the case REMANDED to the district court for further proceedings consistent with this opinion.

1

. Anderson’s additional claim that the court’s refusal to rule on the immunity issue prior to trial impinged upon the voluntariness of his plea is unavailing. Anderson has not shown how this particular action impaired his ability to go to trial. The judge said he would rule on it later, and an adverse ruling would have been appeal-able. Thus, the immunity defense was not foreclosed to Anderson if he went to trial. Cf. United States v. Montilla, 870 F.2d 549 (9th Cir.1989), amended and opinion substituted in part, 907 F.2d 115 (9th Cir.1990) (trial judge's decision to delay consideration of a defendant's motion to dismiss for outrageous government conduct until after trial was not an abuse of discretion and did not violate the defendant’s constitutional rights, even though it put her in the position of having to choose between asserting a constitutional claim and accepting the government’s plea offer).