Flores-Flores

United States v. Flores-Flores

Good Law
196 F. App'x 505
United States Court of Appeals for the Ninth CircuitAugust 2, 2006No. 05-50890California576 words

Opinion

Lead Opinion

MEMORANDUM **

Anastacio Flores-Flores appeals his conviction by guilty plea and sentence for alien smuggling. See 8 U.S.C. § 1324 (a)(1)(A)(i). We affirm.

(1) Flores first contends that the district court erred when it failed to conduct a competency hearing. We disagree. The record does not demonstrate that the district court should have had a good faith doubt about Flores’ competency. See 18 U.S.C. § 4241 (a); United States v. Fernandez, 388 F.3d 1199, 1251 (9th Cir.2004), amended by 425 F.3d 1248 (9th Cir.), cert. denied, 544 U.S. 1043 , 125 S.Ct. 2286 , 161 L.Ed.2d 1077 (2005); see also United States v. Lewis, 991 F.2d 524, 527-28 (9th Cir.1993); Hernandez v. Ylst, 930 F.2d 714, 716-18 (9th Cir.1991).

(2) Flores next argues that he should have been allowed to withdraw his guilty plea because there was a fair and just reason for doing so. See Fed.R.Crim.P. 11(d)(2)(B); United States v. Davis, 428 F.3d 802, 805 (9th Cir.2005) (holding that the denial of a motion to withdraw a guilty plea is reviewed for abuse of discretion). He argues that, despite its general care in taking the plea, the district court omitted some parts of the colloquy required by Rule 11. The district court…

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