United States v. Randy Louis Morales-Robles

Randy Louis Morales-Robles appeals his guilty plea conviction and 77 month sentence with three years supervised release for reentry after deportation in violation of 8 U.S.C. § 1326 . Morales-Robles contends that the district court violated Fed.R.Crim.P. 11 by failing to advise him of his right to persist in his plea of not guilty and by not ensuring that he adequately understood the maximum sentence available under the law. He raises this issue for the first time on appeal.

If a defendant raises a Rule 11 error for the first time on appeal, the defendant may only obtain reversal by showing that there was plain error. United States v. Jimenez-Dominguez, 296 F.3d 863, 866 (9th Cir.2002); United States v. Vonn, 294 F.3d 1093, 1093 (9th Cir.2002). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Even assuming that there was plain error, the burden is on the defendant to demonstrate that the error affected his substantial rights. Jimenez-Dominguez, 296 F.3d at 866-867 . Because the district court informed Morales-Robles of the rights associated with his right to go to trial, including his right to a speedy and public trial, his right to call witnesses, and…