U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. Alvaro Librado-Encarnacion

United States v. Alvaro Librado-Encarnacion
U.S. Court of Appeals for the Ninth Circuit · Decided June 24, 2013
531 F. App'x 830

United States v. Alvaro Librado-Encarnacion

Opinion

FILED NOT FOR PUBLICATION JUN 24 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 11-10005 Plaintiff - Appellee, D.C. No. 4:10-cr-00047-RCC v. MEMORANDUM * ALVARO LIBRADO-ENCARNACION, Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Raner C. Collins, District Judge, Presiding Submitted June 18, 2013 ** Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.

Alvaro Librado-Encarnacion appeals from the district court’s judgment and challenges his guilty-plea conviction for illegal entry, in violation of 8 U.S.C. § 1325(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Librado-Encarnacion contends that the district court violated Federal Rule of Criminal Procedure 11(b)(1) by failing to address him personally in a timely manner. He also contends that the district court violated Rule 11(b)(2) by failing to determine that his plea was voluntary and did not result from force, threats, or promises. We review for harmless error. See United States v. Aguilar-Vera, 698 F.3d 1196, 1200 (9th Cir. 2012). Any Rule 11 error was harmless because there is no indication in the record that Librado-Encarnacion would have pled differently in the absence of the alleged errors. See id. at 1201-02; United States v. Escamilla- Rojas, 640 F.3d 1055, 1060-61 (9th Cir. 2011), cert. denied, 133 S. Ct. 101 (2012).

AFFIRMED.

2 11-10005

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