Vega-Navarro

United States v. Vega-Navarro

Good Law
32 F. App'x 470
United States Court of Appeals for the Ninth CircuitApril 15, 2002No. 99-10046; D.C. No. CR-98-00959-JMRCalifornia378 words

Opinion

Lead Opinion

MEMORANDUM **

Jesus Alberto Vega-Navarro appeals his guilty-plea conviction for Illegal Re-entry after Deportation, in violation of 8 U.S.C. § 1326 . We dismiss for lack of jurisdiction.

Vega-Navarro challenges the voluntary and intelligent nature of his guilty plea on the basis that his attorney misled him as to the sentence he would receive, and that the court failed to inform him during the plea colloquy that he had the right to persist in his not guilty plea and proceed to trial.

We review challenges to guilty pleas based on claims of ineffective assistance of counsel using the two-part test set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Doganiere v. United States, 914 F.2d 165, 168 (9th Cir.1990). Pursuant to Strickland , a criminal defendant must show that his counsel’s performance was deficient, and that the deficient performance prejudiced him. Strickland, 466 U.S. at 687 , 104 S.Ct. 2052 . Vega-Navarro points to no evidence in the record to establish counsel’s deficient representation. Rather, the record reflects that Vega-Navarro stated during the change of plea hearing that he was satisfied with the advice he had…

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