United States v. Juan Bojorquez-Preciado

21 F.3d 1116 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Juan BOJORQUEZ-PRECIADO, Defendant-Appellant. No. 93-50522. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1994. * Decided March 29, 1994. Before: FLETCHER, BRUNETTI and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Juan Bojorquez-Preciado appeals his 24-month sentence imposed following entry of a guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. Sec. 1326 (a). Bojorquez-Preciado contends the district court erroneously calculated his criminal history by relying on an invalid prior state court probation revocation. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 Bojorquez-Preciado argues that the California state court violated his due process rights at the probation revocation hearing by failing to advise him of his rights as recognized under Boykin v. Alabama, 395 U.S. 238, 242-44 (1969), and…