Flores-Lopez

United States v. Flores-Lopez

Good Law
199 F. App'x 605
United States Court of Appeals for the Ninth CircuitAugust 25, 2006No. 05-30393California382 words

Opinion

Lead Opinion

MEMORANDUM **

Gabriel Flores-Lopez appeals from the district court’s denial of his motion to withdraw his guilty plea and his guilty plea conviction for transportation of a minor for purposes of engaging in sexual activity in violation of 18 U.S.C. §§ 2423 (b) and 2243(a)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Flores-Lopez contends that the district court abused its discretion by denying his motion to withdraw his guilty plea because his plea was not knowing and voluntary due to his inability to understand his Mixteco translator at his change-of-plea hearing. We disagree.

The district court denied his motion after concluding “that the defendant’s comprehension of Spanish and Mixteco, as shown by the Plea Colloquy and the hearing on November 19, 2004, demonstrates that defendant had an adequate comprehension of the consequences of the plea and that it was knowingly entered.”

Although it is not inherently improbable that Flores-Lopez did not understand all that transpired at his change-of-plea hearing, the district court could have reasonably concluded that he had a sufficient understanding of the proceedings. See United States v. Navarro-Flores, 628…

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