United States v. Marino Amador-Leal

Marino Amador-Leal appeals his conviction and sentence pursuant to a guilty plea on one count of possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841 (a)(1). The magistrate judge did not explain the potential immigration consequences of Amador-Leal’s conviction when the plea was taken. The question presented here is whether immigration consequences are collateral, as we held in Fruchtman v. Kenton, 531 F.2d 946 (9th Cir.), cert. denied, 429 U.S. 895 , 97 S.Ct. 256 , 50 L.Ed.2d 178 (1976), or have become direct in light of the aggravated felony provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 110 Stat. 1214 , and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), 110 Stat. 3009 -546, such that a defendant must be advised of them in order for his plea to be voluntary. We join the First Circuit in concluding that Fruchtman is still good law, and that immigration consequences remain collateral. As this is the only issue on appeal, we affirm.

I

Amador-Leal is an illegal alien who was caught selling crack in February, 2000. He was charged with conspiracy to possess cocaine base in violation of…