United States v. Artemio Ramirez-Arroyo

MEMORANDUM

Defendant Artemio Ramirez-Arroyo was indicted for conspiracy to distribute and possess with intent to distribute methamphetamine, cocaine, and heroin, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(A), 841(b)(1)(C), and 846. After accepting his plea of guilty, the district court adjudged him guilty and sentenced him to a 240-month sentence with a five-year term of supervised release. Defendant appeals both his conviction and sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Defendant argues that his conviction and sentence should be reversed because the district court violated Rule 11 of the Federal Rules of Criminal Procedure when it failed to inform him during the plea colloquy of the nature of the charged offense and the maximum and minimum mandatory penalties that Defendant faced. We disagree.

Even if the district court violated Rule 11 and even if these violations affected Defendant’s substantial rights and thus constitute plain error, Defendant has not shown that they affected the fairness, integrity, and public reputation of the judicial proceedings. See United States v. Olano, 507 U.S. 725, 735-37 , 113 S.Ct. 1770 , 123 L.Ed.2d…