Torres-Hurtado

United States v. Torres-Hurtado

Good Law
267 F. App'x 671
United States Court of Appeals for the Ninth CircuitFebruary 22, 2008No. 07-50073California437 words

Opinion

lead Opinion

MEMORANDUM **

Bonifacio Torres-Hurtado appeals from his criminal conviction, following a guilty plea pursuant to a written plea agreement, for possession with intent to distribute cocaine. As the parties are familiar with the facts, procedural history, and arguments, we will not recount them here. We affirm.

“Before entering judgment on a guilty plea, the court must determine that there is a factual basis for the plea.” Fed. R.Crim.P. 11(b)(3). In examining Rule 11(b)(3) appeals, we have held that the inquiry is limited to evaluating whether the record establishes “that there is sufficient evidence to support the conclusion that the defendant is guilty.” United States v. Covian-Sandoval, 462 F.3d 1090, 1093 (9th Cir.2006) (quoting United States v. Rivera-Ramirez, 715 F.2d 453, 457 (9th Cir.1983)). The defendant raises a challenge to the district court’s Rule 11 inquiry for the first time on appeal and thus we review his claim under a plain error standard of review. United States v. Vonn, *672 535 U.S. 55, 62-63 , 122 S.Ct. 1043 , 152 L.Ed.2d 90 (2002).

An examination of the record reveals a strong factual basis supporting the defendant’s plea of guilty. The record before the…

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