UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v. No. 23-8056

SALVADOR NOLASCO ROMERO,

Defendant - Appellant. _________________________________

Appeal from the United States District Court for the District of Wyoming (D.C. No. 2:22-CR-00120-ABJ-1) _________________________________ Jacob R. Rasch-Chabot, Assistant Federal Public Defender, Office of the Federal Public Defender (Virginia L. Grady, Federal Public Defender, with him on the briefs), Denver, Colorado, for Defendant–Appellant. Margaret M. Vierbuchen, Assistant U.S. Attorney, Office of the United States Attorney (Eric J. Heimann, United States Attorney, with her on the brief), Cheyenne, Wyoming, for Plaintiff–Appellee. _________________________________ Before HARTZ, EBEL, and ROSSMAN, Circuit Judges. _________________________________ HARTZ, Circuit Judge. _________________________________

Salvador Nolasco Romero (Defendant) was indicted on charges of conspiring to distribute methamphetamine and possessing methamphetamine with intent to distribute. Appellate Case: 23-8056 Document: 63-1 Date Filed: 03/26/2025 Page: 2

He reached an agreement with the government to plead guilty to the conspiracy charge in return for dismissal of the distribution charge. At the change-of-plea hearing he said that he was only partially guilty and repeatedly stated that he joined the conspiracy only under duress. The district court rejected the guilty plea. Defendant proceeded to trial and was convicted on both charges. On appeal he challenges the district court’s rejection of his guilty plea. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I. BACKGROUND

A grand jury in the United States District Court for the District of Wyoming indicted Defendant for conspiring to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 and 846, and possessing methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841. Defendant initially pleaded not guilty to both counts. Two weeks before trial was set to begin, however, the parties reached a plea agreement under which Defendant promised to plead guilty to the conspiracy charge.

The district court held a two-hour change-of-plea hearing. The district court asked Defendant, “Are you pleading guilty because you are, in fact, guilty?” R., Vol. I at 71. Defendant responded, “In part, yes, I am guilty.” Id.

The district court then asked the parties to provide the factual basis for the plea. In response to questions from defense counsel, Defendant stated that he rented a car for a woman named Bianca Ortega, communicated with her while she drove from Nevada to Minnesota, knew methamphetamine was in her vehicle, and knew that she passed through Wyoming on her trip.

The government asked follow-up questions. Defendant started to shift his story.

2 Appellate Case: 23-8056 Document: 63-1 Date Filed: 03/26/2025 Page: 3

He now explained that, “under threat,” he picked up a bag in California from people he referred to as “agents.” Id. at 74–75. These agents said they had his sister-in-law’s daughter in their custody and threatened to harm her if Defendant did not give the bag to Ms. Ortega. Afraid, Defendant complied. He drove the bag from California to Nevada and gave it to Ms. Ortega. He maintained, however, that he never looked in the bag.

The district court said that it “sounds [to the court] like there’s a defense that’s being asserted in this case of compelled violation of the law,” id. at 76, and it announced that it would not accept the plea. It explained that Defendant’s testimony suggested that he was “forced” to hel