United States v. Victor Valenzuela-Arisqueta

Victor Manuel Valenzuela-Arisqueta (“Valenzuela”) appeals from the district court’s rejection of his guilty plea to illegal reentry into the country in violation of 8 U.S.C. § 1326 . He asserts that the rejection of his plea violates his constitutional right against double jeopardy. We determine that the underlying premise for Valenzuela’s insistence that the district court accept his plea — that the maximum sentence under the indictment was two years’ incarceration — is wrong. Furthermore, because Valenzuela was not informed of the possible 20-year sentence, the district court properly rejected his guilty plea and allowed Valenzuela the option of again pleading guilty to the indictment or standing trial. Because the propriety of the district court’s ruling was arguably not clear from our precedent, Valenzuela’s double jeopardy argument was “colorable,” see United States v. Zone, 403 F.3d 1101, 1104 (9th Cir.2005), and we have jurisdiction over his appeal. However, our decision today clarifies that future similar rejections of guilty pleas will not be subject to interlocutory appeals.

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Valenzuela was arrested on May 28, 2012, near Lukesville, Arizona, and charged by…