United States v. Marco L.

Appellant admitted a charge of juvenile delinquency for illegal transportation of aliens. The district court imposed a 30-month sentence and denied his motion for reconsideration. Appellant contends that the sentence is illegal and that the court erred in failing to advise him before his guilty plea of his ineligibility for parole and of sentencing under the Sentencing Guidelines. We affirm.

BACKGROUND

On January 27, 1988 the Border Patrol spotted appellant, a 16-year-old juvenile, driving a pickup truck carrying 18 illegal aliens. The Patrol arrested him after a 45-mile chase with speeds ranging from 55 to 85 miles per hour. During that chase, he traveled along a highway, collided with another vehicle, entered a residential area, and drove through five red lights.

The government filed a juvenile information charging appellant with delinquency ( 18 U.S.C. § 5032 ) and illegal transportation of aliens ( 8 U.S.C. § 1324 (a)(1)(B)). The government and appellant entered into a plea agreement.

During a Rule 11 colloquy, the court advised appellant that the maximum penalty for his offense was incarceration until age 21. It accepted appellant’s admission of juvenile delinquency after…