U.S. Court of Appeals for the Ninth Circuit, 2014

United States v. David Escamilla-Gallegos

United States v. David Escamilla-Gallegos
U.S. Court of Appeals for the Ninth Circuit · Decided April 11, 2014 · Tashima, Graber, Ikuta
568 F. App'x 500

United States v. David Escamilla-Gallegos

Opinion

MEMORANDUM **

David Erasmo Escamilla-Gallegos appeals from the district court’s judgment and challenges his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Escamilla-Gallegos contends that his guilty plea was involuntary because, at the time of his pretrial conference and change-of-plea hearing, his confusion was apparent and was aggravated by his recent use of pain medication. We review de novo whether a defendant’s plea was voluntary. See United States v. Kaczynski, 289 F.3d 1108, 1114 (9th Cir. 2001). Contrary to Escamilla-Gallegos’s contention, his statements at the hearing reflect that he pleaded guilty voluntarily. See id. at 1115 (substantial weight is given to defendant’s in-court statements).

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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