Lopez-Hernandez

United States v. Lopez-Hernandez

Good Law
120 F. App'x 82
United States Court of Appeals for the Ninth CircuitJanuary 13, 2005No. 04-10139California465 words

Opinion

Lead Opinion

MEMORANDUM **

Miguel Lopez-Hernandez appeals the district court’s 69-month sentenced, with three years supervised release, for re-entry after deportation and attempted reentry after deportation. We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s determination of whether the defendant has validly waived his rights, de novo. United States v. Anglin, 215 F.3d 1064, 1066 (9th Cir.2000). Likewise, we review the adequacy of a Rule 11 plea colloquy de novo. United States v. Seesing, 234 F.3d 456, 459 (9th Cir.2001). We affirm.

Mr. Lopez-Hernandez contends that he should have been allowed to withdraw his guilty plea for two reasons: (1) the Rule 11 colloquy at the time he entered his plea was inadequate because the judge failed to mention the defendant’s sixth amendment rights to confront and cross-examine witnesses, compel the attendance of witnesses, and to be free from self-incrimination, and (2) he was coerced into agreeing to the plea agreement by his attorney.

Mr. Lopez-Hernandez may not withdraw his plea of guilty unless he can dem *84 onstrate a fair and just reason for doing so. United States v. Hyde, 520 U.S. 670, 671 , 117 S.Ct. 1630 , 137 L.Ed.2d…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.