United States v. Isidro Ibarra-Raya

MEMORANDUM

Isidro Ibarra-Raya pled guilty to possessing more than 500 grams of cocaine with intent to distribute it in violation of 21 U.S.C. § 841 (a)(1), 21 U.S.C. § 841 (b)(l)(B)(ii), and 18 U.S.C. § 2 . He now appeals his sixty-month sentence. We affirm.

Ibarra-Raya first argues that his plea was not voluntary and intelligent because he had neither sufficient time nor sufficient command of English to understand the plea agreement and the plea hearing. Both Ibarra-Raya and his attorney said at the hearing that there had been adequate time to review the agreement, and the district court ensured that Ibarra-Raya understood what was happening at the hearing. Ibarra-Raya’s choice was made with the information and understanding necessary to choose intelligently between the available alternatives, as our precedent requires. See United States v. Hernandez, 203 F.3d 614 , 618 n. 5 (9th Cir.2000).

Ibarra-Raya also challenges the district court’s compliance with Federal Rule of Criminal Procedure 11 at the plea hearing. The district court fully complied with that rule. First, despite Ibarra-Raya’s assertion to the contrary, the district court did advise him of the…