Solorzano-Villalpando

MEMORANDUM *

Juan Solorzano-Villalpando (“Solorza-no”) was arrested and charged with being *696 “found in” the United States in violation of 8 U.S.C. § 1326 . He pled guilty to that offense, and waived his right to appeal. He now seeks to challenge his conviction based on the failure of the district court to advise him that the government must establish that he entered the United States free from official restraint, including that he was free from constant surveillance, see U.S. v. Ruiz-Lopez, 234 F.3d 445, 448 (9th Cir.2000); United States v. Pacheco-Medina, 212 F.3d 1162, 1165-66 (9th Cir.2000), and to satisfy itself that there were sufficient facts to support a conviction. U.S. v. Alber, 56 F.3d 1106, 1110 (9th Cir.1995). Solorzano’s waiver of his right to appeal does not prevent his challenge to the district court’s adherence to Rule 11 of the Federal Rules of Criminal Procedure (“Rule 11”) establishing that the plea was knowing and voluntary. United States v. Portillo-Cano, 192 F.3d 1246, 1249 (9th Cir.1999).

Because the presentence report was not available when the magistrate judge accepted Solorzano’s plea, the magistrate judge had no reason to suspect that Solorzano was…