United States v. Edward Ok

MEMORANDUM

Appellant Edward Ok (hereafter “Ok”) appeals from a judgment and sentence that was imposed on his pleas of guilty in the district court based on two claims: First, that the factual basis offered at the time of his change of plea hearing was insufficient; and, Second, that the district court abused its discretion in denying Ok’s motion to withdraw his guilty pleas. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Because Ok admitted to an adequate factual basis at the time of his change of plea hearing and the district court did not abuse its discretion, we affirm.

Ok failed to raise a Rule 11 objection contemporaneously with his sentencing in the district court so we review applying the plain error standard. United States v. Vonn, 535 U.S. 55, 59 , 122 S.Ct. 1043 , 152 L.Ed.2d 90 (2002). Under the plain error standard Ok must show “a reasonable probability that, but for the error, he would not have entered the plea.” United States v. Roblero-Solis, 588 F.3d 692, 701 (9th Cir.2009) (quoting United States v. Dominguez Benitez, 542 U.S. 74, 83 , 124 S.Ct. 2333 , 159 L.Ed.2d 157 (2004)). Before this court may vacate Ok’s plea, we must be convinced as “informed by the…