United States v. Jordy Ochoa

MEMORANDUM

Jordy Ezequiel Ochoa (“Ochoa”) appeals his conviction and sentence following a guilty plea to one count of illegal reentry following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 . We affirm his conviction through a guilty plea, vacate his sentence, and remand for resentencing.

1. Ochoa claims that his guilty plea was not knowing, voluntary, and intelligent, because the district court failed to discuss the sentencing guidelines and other sentencing factors under 18 U.S.C. § 3553 (a), as required by Federal Rule of Criminal Procedure 11(b)(1)(M). Because Ochoa failed to raise this issue below, we review for plain error. United States v. Collins, 684 F.3d 873, 881 (9th Cir.2012). Although the district court violated Rule 11(b)(1)(M), the error did not affect Ochoa’s substantial rights. See United States v. Borowy, 595 F.3d 1045, 1049 (9th Cir.2010) (“To show that the error affected his substantial rights, [defendant] must prove that there is a reasonable probability that, but for the error, he would not have entered the plea.” (internal quotation marks omitted)). The government’s overall case was strong, and Ochoa failed to…