Rodriguez-Cuevas
United States v. Rodriguez-Cuevas
Opinion
Lead Opinion
*922 MEMORANDUM **
Gerardo Rodriguez-Cuevas appeals his guilty plea conviction and sentence for violation of 18 U.S.C. § 1152 and § 113(a)(3), aggravated assault with intent to do bodily harm, and 8 U.S.C. § 1326 (b)(1), reentry after deportation. He raises two arguments: (1) that the district court erred by advising him of his right to withdraw the guilty plea only after rejecting the plea agreement and imposing a sentence; and (2) that the government breached its plea agreement by telling the court it could offer no reason why the plea bargain should be accepted and requesting a longer sentence. We review his claims for plain error because he failed to assert them in district court. See United States v. Olano, 507 U.S. 725, 733-34 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993). We affirm.
Rodriguez-Cuevas alleges that the district court erred by telling him that he had to wait until after sentencing before he could withdraw from his guilty plea, not that he had a right to do so beforehand, as Rule 11(e)(4) requires. 1 Fed. R.Crim. P. 11(e)(4); see United States v. Fernandez, 960 F.2d 771, 773 (9th Cir.1992). The district court, however, complied with Rule 11(e)(4) and even exceeded…