Partida-Ramirez
United States v. Partida-Ramirez
Opinion
Lead Opinion
MEMORANDUM **
Jose Alfredo Partida-Ramirez appeals his conviction, pursuant to a guilty plea, and sentence for being an illegal alien found in the United States following deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Partida-Ramirez contends that the district court failed to comply with Fed. R.Crim.P. 11(c)(1) by not ensuring his understanding of the nature of the charge against him at the change of plea hearing. We review de novo the adequacy of a Rule 11 plea hearing. United States v. Odedo, 154 F.3d 937, 940 (9th Cir.1998). Rule 11 requires a district court to “address the defendant personally in open court and inform the defendant of, and determine that the defendant understands, ... the nature of the charge to which the plea is offered.” Fed.R.Crim.P. 11(c)(1). “The sufficiency of any particular colloquy between the judge and the defendant as to the nature of the charges will vary from case to case, depending on the peculiar facts of each situation,” United States v. Kamer, 781 F.2d 1380, 1384 (9th Cir.1986).
After our review of the record, we conclude that the description of the offense set forth in the…