Camacho
United States v. Camacho
Opinion
Lead Opinion
MEMORANDUM **
Eduardo Aguilar Camacho appeals his guilty-plea conviction and 168-month sentence for one count of conspiracy to distribute methamphetamine and one count of aiding and abetting the distribution of methamphetamine, in violation of 21 U. S.C. §§ 846, 841(a)(1) and 18 U.S.C. § 2 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . Reviewing for plain error, United States v. Ma, 290 F.3d 1002, 1005 (9th Cir.2002); United States v. Scrivner, 114 F.3d 964, 966 (9th *172 Cir.1997), we affirm in part, and vacate and remand in part.
Camacho first contends that his guilty plea should be vacated because the district court failed to advise him that he had the right to assistance of counsel at trial, in violation of Fed.R.Crim.P. 11(c)(3). We disagree. At his arraignment, Camacho was informed by the magistrate that he had the right to counsel throughout all proceedings. He was in fact represented by appointed counsel throughout all proceedings, including the plea colloquy. We therefore presume Camacho understood that he would have the assistance of counsel if he went to trial. See United States v. Vonn, 294 F.3d 1093, 1094 (9th Cir.2002)…