United States v. Bran
United States v. Bran
Opinion of the Court
MEMORANDUM
Edgar Roberto Bran appeals his conviction by unconditional guilty plea to one count of conspiracy to possess pseudoephedrine, knowing or having reasonable cause to believe that it would be used to manufacture methamphetamine, in violation of 21 U.S.C. §§ 846, 841(d)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm in part and dismiss in part.
Bran also contends that district court violated Fed.R.Crim.P. 11 by failing to inform him of his continuing right to plead not guilty. We find no plain error because the district court informed Bran of his right to a presumption of innocence, the right to require the government to prove the case beyond a reasonable doubt, the right to cross examine government witnesses, the right to testify or to remain silent, the right to subpoena witnesses, and the right to a public jury trial. See United States v. Morales-Robles, 309 F.3d 609, 610 (9th Cir. 2002) (finding no plain error where district court advised defendant of rights subsumed in enumerated right to have a trial).
Because Bran entered an unconditional guilty plea pursuant to a plea agreement, we dismiss the remainder of Bran’s appeal. See United States v. Reyes-Platero, 224 F.3d 1112, 1114-15 (9th Cir. 2000) (internal quotation omitted) (“[a]n unconditional guilty plea constitutes a waiver of the right to appeal all non-jurisdictional antecedent rulings and cures all antecedent constitutional defects”).
AFFIRMED in part; DISMISSED in part.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.