Ruiz-Arias

United States v. Ruiz-Arias

Good Law
56 F. App'x 411
United States Court of Appeals for the Ninth CircuitFebruary 20, 2003No. 02-50212; D.C. No. CR-01-894-RSWLCalifornia347 words

Opinion

Lead Opinion

*412 MEMORANDUM **

Victor Ruiz-Arias appeals from his guilty plea conviction for unlawful reentry of a deported alien after conviction of an aggravated felony in violation of 18 U.S.C. § 1326 (a) and (b)(2). Ruiz-Arias contends that his guilty plea is invalid because the record does not show that he reentered the country without prior permission from the Attorney General. Because Ruiz-Arias faded to raise this contention in the district court, we review for plain error. See United, States v. Vonn, 535 U.S. 55, 62-63 , 122 S.Ct. 1043,1048 , 152 L.Ed.2d 90 (2002). We affirm, in part, and remand for the limited purpose of correcting the judgment.

Both in his plea agreement with the government and during the change of plea hearing Ruiz-Arias admitted that (1) he is an alien; (2) who was convicted and sentenced for robbery on January 18, 1994; (3) deported to Mexico on December 16, 1997; and (4) he reentered the United States on or about August 1, 2001, without the permission of the Immigration and Naturalization Service. On this record, the district court did not plainly err by finding that a sufficient factual basis supported Ruiz-Arias’ guilty plea. See United States v. Medina,…

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