United States v. Billy Palomo

MEMORANDUM

Billy Joe Palomo appeals the district court’s order entering judgment on his guilty plea, the district court’s denial of his motion for substitution of counsel, and his ten year sentence under 21 U.S.C. § 841 (b)(viii) (2006). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Palomo pled guilty to conspiracy to possess with intent to distribute over 50 grams of methamphetamine. 21 U.S.C. § 841 (b)(viii) (2006). The district court did not err in accepting and entering judgment on the plea as knowing and voluntary.

The magistrate judge adequately satisfied Rule 11 by informing the defendant of and determining that the defendant understood “any mandatory minimum penalty.” Fed.R.Crim.P. 11(b)(1)(I). During Palomo’s plea colloquy, the magistrate judge announced the mandatory minimum ten year sentence in open court while directly addressing Palomo, who had the identical language before him in a written plea agreement in which he had acknowledged the same penalty by his signature. There was no error.

There was also a sufficient factual basis for the plea. Fed.R.Crim.P. 11(b)(3). The district court properly considered the facts recited in the plea agreement and…