Vautt-Romero

MEMORANDUM *

Martin Vautt-Romero (“Romero”) appeals his drug conviction, alleging Rule 11(c) errors in his plea colloquy. Romero was charged with two counts of drug possession and one count of possession of a firearm by an illegal alien. The second drug count was dismissed pursuant to a plea agreement. Romero now argues that his conviction for the remaining drug count must be reversed because the district court (1) committed an Apprendi error when it failed to inform him that the government would have to prove beyond a reasonable doubt the quantity of drugs involved in the dismissed drug count which was used to enhance his sentence, and (2) omitted to inform him that he would become ineligible for certain federal benefits because of the drug conviction. We affirm.

Because Romero did not object to the alleged errors below, this court will reverse a conviction only upon finding plain error affecting a defendant’s “substantial rights.” Fed.R.Crim.P. 52(b); United States v. Vonn, 535 U.S. 55 , 122 S.Ct. 1043, 1046 , 152 L.Ed.2d 90 (2002); United States v. Minore, 292 F.3d 1109, 1117 (9th Cir. 2002). The defendant has the burden to show that an error affected his substantial rights.…