United States v. Hugo Perez-Cisneros

MEMORANDUM

Hugo Perez-Cisneros, a citizen of Mexico, appeals his sentence of 57 months of imprisonment and 3 years of supervised release for violating 8 U.S.C. § 1326 (a) and (b)(1). Perez-Cisneros pleaded guilty to reentering the United States illegally after removal following a conviction of a felony, which carries a statutory maximum term of imprisonment of 10 years pursuant to 8 U.S.C. § 1326 (b)(1). He contends that the district court violated Rule 11(b)(1)(H) of the Federal Rules of Criminal Procedure by advising him at the plea hearing that he was subject to a maximum term of imprisonment of 20 years. That is the maximum term of imprisonment for an alien who has illegally reentered the United States after being deported as a result of a conviction of an aggravated felony. 8 U.S.C. § 1326 (b)(2). He also contends that the district court violated Rule 11 when it failed to inform him at his plea hearing that he could also be sentenced to 3 years of supervised release pursuant to 18 U.S.C. § 3583 (b)(2) after serving his term of imprisonment. He did not object to either of the alleged Rule 11 violations during the proceedings before the district court.

I

“When a defendant…