United States v. Fausto Urias

MEMORANDUM

Fausto Enrique Urias appeals his conviction following his guilty plea to conspiracy to distribute fifty grams or more of methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(A), and 846. Urias contends that the district court failed to comply with Federal Rule of Criminal Procedure 11 during the plea colloquy, and that this constitutes reversible error. Because Urias’s counsel failed to raise these objections at trial, we review for plain error. See United States v. Vonn, 535 U.S. 55, 58-59 , 122 S.Ct. 1043 , 152 L.Ed.2d 90 (2002). We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

The district court did not inform Urias of the plea-agreement provision waiving his right to appeal, advise Urias that he had no right to withdraw the plea if the court did not follow the recommendation or request, or inform Urias that the agreed disposition would be included in the judgment, as required by Rule 11. See Fed. R. Crim P. 11(b)(1)(N), 11(c)(3)(B), and 11(c)(4). However, Urias has not met his burden of showing a reasonable probability that, but for these errors, he would not have entered the plea. See United States v. Dominguez Benitez, 542 U.S. 74, 83 , 124…