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 essent ially 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 co urt inviting a defendant's questions about sentencing exposure as part of hearings to determine plea offers extended by the prosecution?
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?