United States v. Dagoberto Bonilla

995 F.2d 233 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Dagoberto BONILLA, Defendant-Appellant. No. 92-50561. United States Court of Appeals, Ninth Circuit. Submitted May 4, 1993. * Decided June 9, 1993. Before: KOZINSKI, SUHRHEINRICH ** and T.G. NELSON, Circuit Judges. 1 MEMORANDUM *** 2 Bonilla's "substantial rights" were not affected by the erroneous information he received at the plea hearing because the sentence he received was less than the maximum of which he was advised. Thus, any error was harmless. See Fed.R.Crim.P. 11(h); Rodriguera v. United States, 954 F.2d 1465, 1468-69 (9th Cir.1992); United States v. Sanclemente-Bejarano, 861 F.2d 206, 210 (9th Cir.1988). 3 Nothing in the record indicates that the district court misunderstood its discretionary authority to depart downward. Thus, its refusal to depart from the Sentencing Guidelines is not reviewable on appeal. United States v. Morales, 972 F.2d 1007, 1011…