United States v. Ismael Rivera

MEMORANDUM

1. Rivera contends that there was no independent factual basis for his guilty plea, see Fed.R.Crim.P. 11(b)(3), and that the district court failed to determine that he understood the nature of the charge, see Fed.R.Crim.P. 11(b)(1)(G). Because Rivera did not make these objections before the district court, we review his Rule 11 claims for plain error. United States v. Escamilla-Rojas, 640 F.3d 1055, 1061 (9th Cir.2011).

Both contentions lack merit. Judge Fischer conducted a lengthy Rule 11 colloquy in which she took numerous steps to verify Rivera’s understanding of the charge, and the plea was supported by an independent factual basis. At the time of the plea, the record included a signed plea agreement in which Rivera stipulated to the government’s presentation of the facts, and Rivera again assented to those facts under oath during the change-of-plea hearing. See United States v. Mancinas-Flores, 588 F.3d 677, 682 (9th Cir.2009); United States v. Timbana, 222 F.3d 688, 703 (9th Cir.2000).

Moreover, Rivera has not made any showing, including his own representation, that “but for the [alleged] error[s], he would not have entered the plea,” as required on plain error…