United States v. Lopez-Hernandez
Opinion of the Court
MEMORANDUM
Miguel Lopez-Hernandez appeals the district court’s 69-month sentenced, with three years supervised release, for re-entry after deportation and attempted reentry after deportation. We have jurisdiction under 28 U.S.C. § 1291. We review the district court’s determination of whether the defendant has validly waived his rights, de novo. United States v. Anglin, 215 F.3d 1064, 1066 (9th Cir. 2000). Likewise, we review the adequacy of a Rule 11 plea colloquy de novo. United States v. Seesing, 234 F.3d 456, 459 (9th Cir. 2001). We affirm.
Mr. Lopez-Hernandez contends that he should have been allowed to withdraw his guilty plea for two reasons: (1) the Rule 11 colloquy at the time he entered his plea was inadequate because the judge failed to mention the defendant’s sixth amendment rights to confront and cross-examine witnesses, compel the attendance of witnesses, and to be free from self-incrimination, and (2) he was coerced into agreeing to the plea agreement by his attorney.
Mr. Lopez-Hernandez may not withdraw his plea of guilty unless he can dem
I understand that by entering my plea of guilty I will be giving up my right to plead not guilty; to trial by jury; to confront, cross-examine, and compel the attendance of witnesses; to present evidence in my defense; to remain silent and refuse to be a witness against myself by asserting my privilege against self-incrimination ...”
Likewise, the record demonstrates that Mr. Hernandez-Lopez was not coerced into entering the guilty plea, based on his own testimony in open court. A defendant’s “[sjolemn declarations in open court carry a strong presumption of verity.” United States v. Rubalcaba, 811 F.2d 491, 494 (9th Cir. 1987). The district court correctly denied Mr. Lopez-Hernandez’s motion to withdrawn his guilty plea.
AFFIRMED.
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.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Miguel LOPEZ-HERNANDEZ, Defendant—Appellant
- Status
- Published