Perez-Morales
United States v. Perez-Morales
Opinion
Lead Opinion
MEMORANDUM **
Rodolfo Perez-Morales appeals from his guilty-plea conviction for knowingly and intentionally attempting to enter the United States after deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , .and we affirm and remand.
Perez-Morales contends that in light of the district court’s failure to advise him accurately of the elements of the charged offense, and failure to set forth accurately the factual basis for the offense, remand is necessary pursuant to United States v. Monzon, 429 F.3d 1268, 1272 (9th Cir.2005) (remanding where the court failed to establish a factual basis and failed to ensure that defendant understood the charges against him, such that the omission “likely affected [defendant’s] assessment of his strategic position”). Informed by the entire record, we conclude that Perez-Morales cannot show a “reasonable probability that, but for the error, he would not have entered the plea.” See United States v. Dominguez Benitez, 542 U.S. 74, 83 , 124 S.Ct. 2333 , 159 L.Ed.2d 157 (2004). At both change of plea hearings, the government accurately set forth a factual basis for the offense, which Perez-Morales did not…