United States v. Raul Cortes-Rios

MEMORANDUM

Raul Cortes-Rios appeals from the district court’s judgment and challenges the 57-month sentence imposed following his guilty-plea conviction for attempted entry after deportation, in violation of 8 U.S.C. § 1326 . We dismiss.

The government argues that this appeal is barred by a valid appeal waiver. We review de novo whether a defendant has waived his right to appeal. See United States v. Watson, 582 F.3d 974, 981 (9th Cir.2009).

Cortes-Rios contends that the appeal waiver is unenforceable because the district court violated Federal Rule of Criminal Procedure 11 and his constitutional rights. We disagree.

The district court did not violate Rule 11 by failing to advise Cortes-Rios that he would be subject to deportation following his guilty plea. See United States v. Delgado-Ramos, 635 F.3d 1237, 1241 (9th Cir.2011) (per curiam). As to Cortes-Rios’s contention that the district court violated Rule 11(b)(1)(E) by failing to advise him of his right to testify at trial, Cortes-Rios did not object to this error in the district court and he has not shown a reasonable probability that, but for the error, he would not have entered the plea. See United States v. Dominguez…