Robledo

United States v. Robledo

Good Law
51 F. App'x 711
United States Court of Appeals for the Ninth CircuitNovember 22, 2002No. 01-50508; D.C. No. CR-00-01045-RMT-2California726 words

Opinion

Lead Opinion

MEMORANDUM **

Rogelio Robledo • appeals his 188-month sentence imposed following a guilty plea to cocaine distribution charges. He claims that his guilty plea was involuntary because the district court failed to advise him that he would be treated as a career offender. Robledo also contends that the district court erred in determining that his two prior California drug convictions were career offender predicates, and asserts that he received ineffective assistance of counsel. We affirm.

DISCUSSION

1. Voluntariness of the Guilty Plea

Robledo contends that the district court’s failure to adequately advise him that he would be treated as a career offender violated Federal Rule Criminal Procedure 11 and rendered his guilty plea involuntary. Because he raises this claim for the first time on appeal, Robledo has the burden to show plain error affecting his substantial rights. See United States v. Vonn, 535 U.S. 55 , 122 S.Ct. 1043, 1046 , 152 L.Ed.2d 90 (2002). Robledo does not, however, identify any text within Rule 11 that would require a district judge to warn a defendant of potential sentencing enhancements at the time of the plea. Instead, he relies solely upon United States v.…

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