United States v. Mario Alfonso De La Mora-Avila

39 F.3d 1189 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mario Alfonso de la MORA-AVILA, Defendant-Appellant. No. 93-50705. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1994. * Decided Nov. 3, 1994. Before: CANBY, LEAVY, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Mario Alfonso de la Mora-Avila appeals his 77-month sentence following his guilty plea to illegal entry after deportation in violation of 8 U.S.C. Sec. 1326 . He contends the district court erred by counting a prior armed robbery conviction in 1984 in California state court in calculating his offense level and criminal history score. De la Mora-Avila contends the guilty plea was invalid and in violation of his constitutional rights because the California state court did not: (1) inquire whether he was satisfied with his attorney; (2) determine whether the plea was coerced; and (3) determine whether he was mentally competent to enter a…