Torres

United States v. Torres

Good Law
23 F. App'x 842
United States Court of Appeals for the Ninth CircuitDecember 27, 2001No. 00-50429; D.C. No. CR-99-00672-ABCCalifornia378 words

Opinion

Lead Opinion

MEMORANDUM **

Jesus Herrera Torres appeals his 57-month sentence, imposed following a guilty plea to being found in the United States after having been previously deported, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Torres’ main contention is that the statute of limitations precludes prosecution for this offense because immigration authorities could have found him in 1989 after a diligent search. See 8 U.S.C. § 3282 (setting forth five-year limitation period for prosecution of non-capital offenses). We need not address this contention because the record establishes that Torres knowingly and voluntarily entered an unconditional guilty plea in which he admitted that he was “found in” the United States in 1999, within the limitations period. See United States v. Patterson, 230 F.3d 1168, 1171-72 (9th Cir.2000) (holding that guilty plea admits all elements of offense); United States v. Cortez, 973 F.2d 764, 766 (9th Cir.1992) (requiring strict adherence to Fed.R.Crim.P. 11(a)(2) requirements for conditional guilty plea); United States v. Carrasco, 786 F.2d 1452, 1454 (9th Cir.1986) (explaining purpose of Rule 11(a)(2)); cf. United…

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