Servin-Soto

United States v. Servin-Soto

Good Law
81 F. App'x 169
United States Court of Appeals for the Ninth CircuitNovember 13, 2003No. 02-10305California399 words

Opinion

Lead Opinion

MEMORANDUM *

Francisco Servin-Soto appeals the voluntariness of his guilty plea and the district court’s sentence enhancement. We affirm. Because the parties are familiar with the facts and procedural history, we need not recount it here.

In order to be valid, a guilty plea must be voluntary and intelligent in light of the totality of the circumstances. United States v. Kaczynski 239 F.3d 1108, 1114 (9th Cir.2001). Under this standard, a thorough colloquy pursuant to Rule 11 of the Federal Rules of Criminal Procedure is strong evidence that the defendant comprehended the plea agreement. United States v. Nostratis, 321 F.3d 1206, 1209 (9th Cir.2003).

Servin-Soto argues that his plea was equivocal because of translation difficulties and because at various times in the proceedings he responded that he wished to commit his fate to God. However, ServinSoto signed two written plea agreements and reviewed them with his attorney and an interpreter. He acknowledged he understood the agreements, the charges against him and used his own words to describe his guilt. At all times an interpreter was present and Soto was fully engaged, coherent and responsive and there is no evidence that…

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