Avendano-Soto

United States v. Avendano-Soto

Good Law
116 F.4th 1063
United States Court of Appeals for the Ninth CircuitSeptember 12, 202423-281California2,704 words

Opinion

Opinion

Bennett, J.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-281 D.C. No. Plaintiff - Appellee, 4:21-cr-01527-

SHR-DTF-

v.

CESAR ALEJANDRO

OPINION

AVENDANO-SOTO,

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Scott H. Rash, District Judge, Presiding

Submitted July 18, 2024* San Francisco, California

Filed September 12, 2024

Before: Milan D. Smith, Jr., Mark J. Bennett, and Anthony D. Johnstone, Circuit Judges.

Opinion by Judge Bennett

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). USA V. AVENDANO-SOTO

SUMMARY**

Criminal Law

The panel affirmed the defendant’s conviction and sentence following his guilty plea to assaulting a federal officer resulting in bodily injury. The defendant brought a due process challenge to the voluntariness of his guilty plea, contending under Boykin v. Alabama, 395 U.S. 238 (1969), that the district court’s inquiry into his waiver of rights was insufficient. The panel rejected this argument because the record reflects that the…

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