Flores-Mariscal

United States v. Flores-Mariscal

Good Law
2 F. App'x 806
United States Court of Appeals for the Ninth CircuitJanuary 24, 2001No. 99-50306California316 words

Opinion

Lead Opinion

MEMORANDUM

Alejandro Flores-Mariscal appeals from his guilty plea conviction and 63-month sentence for illegally reentering the United States after deportation, in violation of 8 U.S.C. § 1326 . Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Flores-Mariscal’s counsel has filed a brief stating that she finds no meritorious issues and a motion to withdraw as counsel of record. FloresMariscal has not filed a pro se supplemental brief.

The Anders brief identifies two potential issues. The first issue concerns whether the district court complied with the provisions of Rule 11 in accepting Flores-Mariscal’s guilty plea. A review of the record demonstrates that the district court’s plea colloquy substantially satisfied the rule’s requirements, and the plea was knowing and voluntary. See Fed.R.Crim.P. 11; United States v. Aguilar-Muniz, 156 F.3d 974, 976 (9th Cir.1998) (discussing the Rule 11 requirements).

The second potential issue involves whether the district court erred by denying Flores-Mariscal’s request for a downward departure on several grounds. Because the district court exercised its discretion in refusing to depart, we lack…

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