Contreras-Hernandez

United States v. Contreras-Hernandez

Good Law
29 F. App'x 448
United States Court of Appeals for the Ninth CircuitJanuary 2, 2002No. 01-50112; D.C. No. CR-00-01030-RSWLCalifornia468 words

Opinion

Lead Opinion

MEMORANDUM **

David Contreras-Hernandez appeals his conviction and 87-month sentence after his guilty plea for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

(1) Contreras contends that his guilty plea must be set aside because the district court did not fulfill the requirement to “address the defendant personally in open court and inform the defendant of, and determine that the defendant understands, *449 the ... nature of the charge to which the plea is offered.” Fed.R.Crim.P. 11(c)(1). 1 In particular, Contreras argues that the district court failed to adequately explain the “found in” element of 8 U.S.C. § 1326 , the crime with which the indictment charged him. He is wrong.

During the change-of-plea colloquy in open court, the district court personally informed Contreras that he was charged with “being an illegal alien found in the United States.” The district court also sufficiently informed Contreras of the elements of § 1326’s found-in offense: (1) the defendant is an alien; (2) had been deported; (3) was subsequently found in the United States; and (4) did not have…

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