United States v. Eric March

MEMORANDUM

Eric John March appeals from the district court’s judgment and challenges his guilty-plea conviction and 240-month sentence for distribution of child pornography, in violation of 18 U.S.C. § 2252 (a)(2) and (b)(1). We have jurisdiction, under 28 U.S.C. § 1291 , and we affirm.

March contends that his guilty plea was not knowing, voluntary, and intelligent, because the district court failed to advise him adequately of the mandatory minimum he faced as required by Federal Rule of Criminal Procedure 11. Because March failed to raise this issue below, we review for plain error, United States v. Carter, 795 F.3d 947, 950-51 (9th Cir.2015), and find none. The record reveals that the district court correctly advised March of the applicable mandatory minimum he faced if, as the government argued, he was found to have a qualifying conviction under section 2252(b)(1). Further, March has failed to show that any error affected his substantial rights. See United States v. Myers, 804 F.3d 1246, 1257 (9th Cir. 2015) (“[A] defendant who seeks reversal of his conviction after a guilty plea, on the ground that the district court committed plain error under Rule 11, must show a…