Rodas-Lopez

United States v. Rodas-Lopez

Good Law
89 F. App'x 610
United States Court of Appeals for the Ninth CircuitFebruary 23, 2004No. 03-10227; D.C. No. CR-02-01263-ROSCalifornia318 words

Opinion

Lead Opinion

MEMORANDUM **

Noe Martin Rodas-Lopez appeals from his guilty plea conviction and sentence for re-entry after deportation in violation of 8 U.S.C. § 1326 (a). Rodas-Lopez argues *611 that his plea hearing did not satisfy the requirements of Fed.R.Crim.P. 11(f) because the district court failed to establish the factual basis for his plea. Specifically, he argues that factual basis for the plea was inadequate because the court did not affirmatively establish his general intent to be in the United States, nor did it establish that he was not under constant surveillance from the time that he crossed the border into the United States. The government contends that this court lacks jurisdiction over this appeal because RodasLopez waived his right to appeal as a term of his negotiated plea agreement.

Because Rodas-Lopez did not raises his objections below, it is his burden to demonstrate that the district court’s alleged omissions constituted plain error. United States v. Vonn, 535 U.S. 55 , 122 S.Ct. 1043 , 152 L.Ed.2d 90 (2002). He has faded to do so. At the plea hearing, Rodas-Lopez admitted that he “jumped” the border with another man, that he traveled two or three blocks into the…

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