Perez-Morales

United States v. Perez-Morales

Good Law
202 F. App'x 975
United States Court of Appeals for the Ninth CircuitOctober 23, 2006No. 06-10004California415 words

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…

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