Vasquez-Cortez

United States v. Vasquez-Cortez

Good Law
32 F. App'x 263
United States Court of Appeals for the Ninth CircuitFebruary 22, 2002No. 01-50103; D.C. No. CR-00-00174-LEW/MLRCalifornia322 words

Opinion

Lead Opinion

MEMORANDUM **

Adan Vasquez-Cortez appeals his guilty plea conviction and 57-month sentence for one count of 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.

Vasquez-Cortez contends that the district court violated Fed.R.Crim.P. 11(c)(1) by not advising him of the specific elements and not ensuring that he understood the nature of the charge to which he was pleading guilty. Reviewing de novo, United States v. Littlejohn, 224 F.3d 960, 964 (9th Cir.2000), we conclude that the Vasquez-Cortez’s contention is unpersuasive.

*264 Review of the plea colloquy demonstrates that Vasquez-Cortez was informed of and understood the nature of the charge against him. Fed.R.Crim.P. 11(c)(1); see United States v. Aguilar-Muniz, 156 F.3d 974, 976-77 (9th Cir.1998). Therefore, the asserted error was harmless. Fed. R.Crim.P. 11(h); see United States v. Smith, 60 F.3d 595, 599 (9th Cir.1995) (quoting advisory committee notes to Fed. R.Crim.P. 11(h) (1983)).

Vasquez-Cortez also contends that under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000),…

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