U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Adan Gonzaga

United States v. Adan Gonzaga
U.S. Court of Appeals for the Ninth Circuit · Decided November 8, 2011 · Graber, O'Scannlain, Tashima
459 F. App'x 586

United States v. Adan Gonzaga

Opinion

MEMORANDUM **

Adan Rosales Gonzaga appeals from the 180-month sentence imposed following his guilty-plea conviction for conspiracy to manufacture and to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846, and for aiding and abetting possession of a firearm during and in relation to a drug trafficking offense, in violation of 18 U.S.C. § 924(c)(1)(A) and § (2)(A). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Gonzaga contends that the district court did not fully comply with Federal Rule of Criminal Procedure 11(b)(2) by failing to inquire whether his guilty plea was the result of force or threats. Although the district court erred in its plea colloquy, *587 Gonzaga has failed to establish 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, 88, 124 S.Ct. 2838, 159 L.Ed.2d 157 (2004).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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