Figuerroa-Guzman

United States v. Figuerroa-Guzman

Good Law
71 F. App'x 629
United States Court of Appeals for the Ninth CircuitJuly 23, 2003No. 02-10075; D.C. No. CR-01-143-PMP(RJJ)California662 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Manuel Figuerroa-Guzman appeals his guilty plea conviction and sentence for entering the United States without permission after a previous deportation in violation of 8 U.S.C. § 1326 , on the ground that the district court failed to inform him of the nature of the charge, as required by Fed.R.Crim.P. 11(b)(1)(G). We have jurisdiction pursuant to 28 U.S.C. § 1291 . Because Figuerroa-Guzman did not lodge any objection during the plea colloquy, we review for plain error. See United States v. Vonn, 535 U.S. 55 , 122 S.Ct. 1043, 1048 , 152 L.Ed.2d 90 (2002). We conclude that any irregularity in the *630 plea proceedings did not rise to the level of plain error, and we accordingly affirm.

The plea proceedings were quite brief. There was no specific explanation by the district court of the nature of the charge, as required by United States v. Pena, 314 F.3d 1152 (9th Cir.2003), which was decided after the district court accepted the plea and imposed sentence in this case. There are several reasons, however, why this possible omission did not rise to the level of plain error, as it did in Pena . The offense involved here was reentry after deportation, which is a…

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