United States v. Jose Serrano-Navarro

MEMORANDUM

Jose Serrano-Navarro appeals his conviction by guilty plea and sentence for one count of conspiracy to distribute and possess with intent to distribute more than 50 grams of methamphetamine, 21 U.S.C. § 846 . He contends that the district court misled him about the immigration consequences of his guilty plea, committed procedural errors at sentencing, and imposed a sentence that was substantively unreasonable. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court’s advice that there “may” be immigration consequences to Serrano-Navarro’s conviction — without acknowledging that such consequences were in fact mandatory — did not violate due process or Federal Rule of Criminal Procedure 11 or render his plea involuntary and unknowing. United States v. Amador-Leal, 276 F.3d 511, 517 (9th Cir.2002) (“Many district judges comment in their Rule 11 colloquy that a plea of guilty and resulting conviction may affect an alien’s status in this country, and inquire whether the defendant understands the possible immigration consequences of his plea. Although not required by Rule 11 or due process, we commend this sort of dialogue. ...”). The Supreme Court’s…