Guevara

MEMORANDUM **

Pedro Guevara appeals his conviction and sentence for count one, conspiracy to possess with intent to distribute methamphetamine and heroin, and count two, possession with intent to distribute a mixture containing heroin, in violation of 21 U.S.C. §§ 846 and 841(a)(1). This court has jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm. Because the parties are familiar with the facts, we will not detail them here except as necessary.

Guevara first contends that the district court erred by accepting his guilty plea. A defendant’s guilty plea must be knowing and voluntary. See United States v. Portillo-Cano, 192 F.3d 1246, 1250 (9th Cir.1999). We review de novo whether the district court’s colloquy with the defendant satisfies the requirements of Rule 11(c). United States v. Bruce, 976 F.2d 552, 559 (9th Cir.1992). When examining the compliance of a plea with Rule 11(c), we only consider the record of the plea proceeding. Portillo-Cano, 192 F.3d at 1250 .

Guevara alleges that his plea was not “knowing” because the district court failed to accurately inform him of the elements of section 846, i.e., that section 846 requires that the government prove he knew of all…