Salazar-Dimas

United States v. Salazar-Dimas

Good Law
37 F. App'x 897
United States Court of Appeals for the Ninth CircuitJune 17, 2002No. 01-50279; D.C. No. CR-00-01142-ERCalifornia353 words

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…

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