Salazar-Dimas
United States v. Salazar-Dimas
Opinion
Lead Opinion
MEMORANDUM **
Victor Salazar-Dimas appeals his guilty-plea conviction and 77-month sentence for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.
We review de novo whether the district court adequately established a factual basis for a defendant’s guilty plea. United States v. Gaither, 245 F.3d 1064, 1068 (9th Cir.2001).
Salazar-Dimas contends that the district court violated Fed.R.Crim.P. 11(f) for failing to establish a sufficient factual basis for his guilty plea. He is wrong. The uncontested factual summary in the presentence report and the plea colloquy constitute a sufficient factual basis to support his plea. See Fed.R.Crim.P. 11(f); see also United States v. Alber, 56 F.3d 1106, 1110 (9th Cir.1995) (“To establish a factual basis for the plea, the court may consider *898 all of the evidence before it at the time of judgment.”); United States v. Rivera-Ramirez, 715 F.2d 453, 457 (9th Cir.1983) (recognizing that Rule 11 prescribes no specific method of establishing the factual basis so long as sufficient evidence on the record supports the…