United States v. Manuel Salais-Vasquez

MEMORANDUM

Manuel Salais-Vasquez appeals his conviction by guilty plea and sentence for illegal re-entry after deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review for plain error a claim of a Fed.R. Crim.P. 11 violation where, as here, the defendant failed to raise the issue below. United States v. Vonn, 535 U.S. 55, 59 , 122 S.Ct. 1043 , 152 L.Ed.2d 90 (2002). The defendant must show: “(1) an error (2) that was clear or obvious, (3) that affected substantial rights, and (4) that seriously affected the fairness, integrity or public reputation of judicial proceedings.” United States v. Castillo-Marin, 684 F.3d 914, 918 (9th Cir.2012). An error under Rule 11 that affects substantial rights is one for which the defendant can show “a reasonable probability that, but for the error, he would not have entered the plea.” United States v. Dominguez Benitez, 542 U.S. 74, 83 , 124 S.Ct. 2333 , 159 L.Ed.2d 157 (2004).

We conclude the district court’s failure to provide a general warning as to the immigration consequences of a guilty plea was not reversible error because Salais-Vasquez has not shown a reasonable prob ability…