United States v. Jorge Medina-Fructuoso

MEMORANDUM

Jorge Medina-Fructuoso pled guilty to one count of illegal reentry after removal under 8 U.S.C. § 1326 , and the district court sentenced him to 33 months’ imprisonment. Medina-Fructuoso now appeals: (1) the district court’s denial of the parties’ joint motion to withdraw Medina-Fructuoso’s guilty plea; (2) the district court’s denial of Medina-Fructuoso’s unopposed motion to calendar a hearing to waive indictment on a proposed superseding information; and (3) the district court’s imposition of an 8-level sentencing enhancement on the ground that Medina-Fructuoso’s prior conviction for resisting a police officer causing serious bodily injury under California Penal Code § 148.10(a) was categorically an “aggravated felony” under U.S.S.G. § 2L1.2(b)(l)(C). We have jurisdiction under 28 U.S.C. § 1291 .

We review a district court’s denial of a motion to withdraw a guilty plea under Federal Rule of Criminal Procedure 11(d) for abuse of discretion. See United States v. Read, 778 F.2d 1437, 1440 (9th Cir.1985). Medina-Fructuoso argues that the district court should have allowed him to withdraw his guilty plea because the presentence report recommended that he be given a…