Mendoza-Rivas

United States v. Mendoza-Rivas

Good Law
13 F. App'x 685
United States Court of Appeals for the Ninth CircuitJuly 12, 2001No. 00-50541; D.C. No. CR-00-00043-GHK-1California344 words

Opinion

Lead Opinion

MEMORANDUM ***

Victor Manuel Mendoza-Rivas appeals his conviction and sentence to 70 months imprisonment for illegally re-entering the United States after being deported in violation of 8 U.S.C. § 1326 . We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 and we affirm.

I

Mendoza contends that his guilty plea was involuntary because the district court *686 did not ensure that he understood his right to counsel and his right against self-incrimination and would waive them by pleading guilty. However, the court advised Mendoza of his constitutional and statutory rights, including the right to counsel through every stage of the proceeding and the right not to be compelled to be a witness against himself. Mendoza confirmed that his attorney had explained these rights to him, and that he was satisfied with his attorney’s performance. He was asked, and affirmatively said that he understood that by pleading guilty he would be waiving or giving up his privilege against self-incrimination, and that he would give it up. He also indicated that he was pleading guilty freely and voluntarily, and understood the consequences of his guilty plea. In addition, his attorney stated…

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