Figuerroa-Guzman
United States v. Figuerroa-Guzman
Opinion
Lead Opinion
*149 MEMORANDUM **
Jose Manuel Figuerroa-Guzman asks this court to vacate his guilty plea on one count of entering the United States without permission after a prior deportation in violation of 8 U.S.C. § 1326 on the ground that the district court did not inform him of the nature of the charges against him in violation of Rule 11(c) of the Federal Rules of Criminal Procedure. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Because Figuerroa-Guzman did not lodge any objection during the plea colloquy, we review for plain error. See United States v. Vonn, 535 U.S. 55, 122 S.Ct. 1043, 1048 , 152 L.Ed.2d 90 (2002). We reject Figuerroa-Guzman’s appeal and affirm the district court’s decision to enter his guilty plea.
Even if the district court’s plea colloquy violated Rule 11(c) by failing to inform Figuerroa-Guzman of “the nature of the charge to which the plea is offered,” Fed.R.Crim.P. 11(c)(1), there is no plain error because Figuerroa-Guzman has not demonstrated that he failed to understand the critical elements of the § 1326 charge. See United States v. Minore, 292 F.3d 1109, 1119 (9th Cir.2002). Figuerroa-Guzman has failed to overcome the presumption that the reading of…