Partida-Gonzalez
United States v. Partida-Gonzalez
Opinion
Lead Opinion
MEMORANDUM **
Efrain Partida-Gonzalez pled guilty to one count of being an illegal alien found in the United States following deportation in violation of 8 U.S.C. § 1326 . The district court imposed a sentence of 90 months, to be followed by three years supervised release and a $100 special assessment. Mr. Partida-Gonzalez appeals both his plea and his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm. Because the parties are familiar with the factual and procedural history of the case, we do not recount it here except as necessary to explain our decision.
Partida-Gonzalez argues that the district court violated Fed.R.Crim.P. 11 by failing to advise him of the true nature of the charges against him and failing to ensure that he understood the charges before accepting his guilty plea. The adequacy of a Rule 11 plea hearing is reviewed de novo.
The district court’s colloquy was sufficient to inform Partida-Gonzalez of the true nature of the charges in compliance with Federal Rule of Criminal Procedure 11(c)(1). The colloquy advised defendant of the charges against him and the statutory maximum penalty for the offense. The unread portion of the indictment…