Vergara-Sosa
United States v. Vergara-Sosa
Opinion
Lead Opinion
MEMORANDUM **
Eddie Vergara-Sosa appeals his conviction by guilty plea of illegal reentry after deportation in violation of 8 U.S.C. § 1326 . The district court did not err in failing to establish a factual basis before accepting Vergara-Sosa’s guilty plea because a trial judge is only required to establish the factual basis for an offense before entering judgment against the defendant. See Fed. R.Crim.P. 11(f). The district court found a sufficient factual basis before entering judgment based on the colloquy during the change of plea hearing and the presen-tence report. Therefore, we affirm.
Rule 11(f) states: “Notwithstanding the acceptance of a plea of guilty, the court should not enter a judgment upon such a plea without making such inquiry as shall satisfy it that there is a factual basis for the plea.” The Advisory Committee notes to the 1974 amendments to this rule explain that the factual basis inquiry “might be made of the defendant, of the attorneys for the government and the defense, of the presentence report when one is available, or by whatever means is appropriate in a specific case.” The plain *682 language of the rule and the Advisory Committee notes, therefore,…