United States v. Frank Jimenez-Dominguez, A.K.A. Ramon Santos, A.K.A. Frank Martin Jimenez, A.K.A. Frank Jimenez, A.K.A. Frank Dominquez Jimenez

Frank Jimenez-Dominguez (“Jimenez”) appeals his conviction and sentence for a violation of 8 U.S.C. section 1326 . Jimenez contends that his conviction should be reversed because the district court failed to inquire whether his guilty plea was the result of discussions between the United States and him or his attorney as required by Federal Rule of Criminal Procedure 11(d). He also asserts that his sentence should be vacated under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), because the trial court enhanced his sentence upon a finding that he was previously convicted of an “aggravated felony.”

During the pendency of the appeal, the United States Supreme Court rendered its decision in United States v. Vonn, — U.S. -, 122 S.Ct. 1043 , 152 L.Ed.2d 90 (2002), which held that an appellate court reviews Federal Rule 11 transgressions for plain error where a defendant fails to object to the -violation in the trial court. Thus, we must decide whether the district court’s deviation from Rule 11(d) constitutes plain error. Because Jimenez has failed to demonstrate that the transgression affected his substantial rights, we find nc plain error.…