United States v. Francisco Aguilar-Martinez

MEMORANDUM

Francisco Aguilar-Martinez appeals his sentence following his guilty plea to Attempted Illegal Re-entry After Deportation, in violation of 8 U.S.C. § 1326 , enhanced by § 1326(b)(2). Aguilar-Martinez pled guilty after a Fed.R.Crim.P. 11 colloquy with a magistrate judge. He challenges his sentence based on several alleged Rule 11 deficiencies during the colloquy. We affirm.

The parties are familiar with the facts. Since Aguilar-Martinez did not object to the alleged Rule 11 violations before the district court, we review his objections for plain error. United States v. Vonn, 535 U.S. 55, 59 , 122 S.Ct. 1043 , 152 L.Ed.2d 90 (2002). “Plain error is (1) error, (2) that is plain, ... (3) that affects [the defendant’s] substantial rights ... [and] that (4) seriously affects the fairness, integrity, or public reputation of judicial proceedings.” United States v. Ameline, 409 F.3d 1073, 1078 (9th Cir.2005). To establish that a Rule 11 violation affected his substantial rights, Aguilar-Martinez bears the burden of showing “a reasonable probability that, but for the error, he would not have entered the plea.” United States v. Dominguez Benitez, 542 U.S. 74, 83 , 124 S.Ct. 2333…