Arellano-Peralta

MEMORANDUM **

1. Under United States v. Dominguez Benitez, 542 U.S. 74, 88 , 124 S.Ct. 2333 , 159 L.Ed.2d 157 (2004), “a defendant who seeks reversal of his conviction after a guilty plea, on the ground that the district court committed plain error under Rule 11 of the Federal Rules of Criminal Procedure, must show a reasonable probability that, but for the error, he would not have entered the plea.” Defendant here has made no effort to show how the Rule 11 errors he alleges caused him to accept a plea agreement he otherwise would have rejected.

2. To show that defendant was prejudiced by the district court’s failure to confirm that he and his attorney read and discussed the presentence report, he must show that, but for this omission, he would have uncovered factual inaccuracies he could have challenged at sentencing. See United States v. Sustaita, 1 F.3d 950, 954 (9th Cir.1993). But defendant’s only challenge to the findings in the PSR is a claim that his prior convictions were the result of police corruption, and “collateral attacks on prior state convictions are not permitted in federal sentencing proceedings unless the defendant asserts a total denial of his right to…