Ceniceros-Vega
United States v. Ceniceros-Vega
Opinion
Lead Opinion
MEMORANDUM **
Gilberto Ceniceros-Vega appeals his guilty-plea conviction and 60-month sen *844 tence for possession with intent to distribute more than 100 kilograms of marijuana, in violation of 21 U.S.C. § 841 (a)(1).
Pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), Ceniceros-Vega’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. Ceniceros-Vega has filed a pro se supplemental brief. The government did not file a brief.
Ceniceros-Vega contends that his guilty-plea was involuntary because counsel misadvised him about his likely sentence. Because Ceniceros-Vega received all the advisements required under Rule 11 of the Federal Rules of Criminal Procedure, however, his plea was voluntary. See United States v. Turner, 881 F.2d 684, 686-87 (9th Cir.1989) (stating that counsel’s erroneous estimate of the applicable Sentencing Guideline range did not violate Rule 11 and thereby render the plea involuntary), overruled on other grounds by United States v. Rodriguez-Razo, 962 F.2d 1418, 1424 (9th Cir.1992).