United States v. Jorge Aguero-Carlos

U.S. Court of Appeals for the Ninth Circuit
United States v. Jorge Aguero-Carlos, 671 F. App'x 542 (9th Cir. 2016)

United States v. Jorge Aguero-Carlos

Opinion

*543 MEMORANDUM ***

After representing himself at trial, Jorge Luis Aguero-Carlos was convicted of illegal reentry in violation of 8 U.S.C. § 1326(a). On appeal, Agüero challenges the validity of his waiver of the right to counsel and the district court’s excusing a potential juror for cause. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

1. Agüero argues that his waiver of counsel was invalid because the magistrate judge conducting the Faretta colloquy failed to explain adequately the sentence enhancement sought in the indictment under 8 U.S.C. § 1826(b)(1). The record, however, supports the magistrate judge’s determination that Agüero was informed of, and understood the charges against him, including the enhancement. The judge did not err in concluding that Aguero’s waiver of the right to counsel was knowing and voluntary. See United States v. Erskine, 3 55 F.3d 1161, 1167 (9th Cir. 2004).

2. Agüero also argues that it was an abuse of discretion for the trial court to remove a potential juror for cause. But Agüero does not challenge the impartiality of the jury that was ultimately impaneled. See United States v. Padilla-Mendoza, 157 F.3d 730, 733-34 (9th Cir. 1998) (“The core question here is whether defendant’s constitutional right to an impartial jury has been violated.”). Moreover, because the juror twice stated that he would find it difficult to be fair, the trial court did not abuse its discretion in dismissing him. See Merced v. McGrath, 426 F.3d 1076, 1081-82 (9th Cir. 2005).

AFFIRMED.

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xhis disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Jorge Luis AGUERO-CARLOS, AKA Jorge Rosas-Ayueros, Defendant-Appellant
Status
Unpublished