United States of America v. Jesus Maria Felix-Enriquez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESUS MARIA FELIX-ENRIQUEZ,
Defendant - Appellant.
No. 13-10617
D.C. No. 2:13-cr-00744-SRB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Linda R. Reade, District Judge, Presiding**
Submitted November 18, 2014***
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Jesus Maria Felix-Enriquez appeals from the district court’s judgment and
challenges his guilty-plea conviction for possession with intent to distribute
FILED
DEC 1 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Linda R. Reade, Chief United States District Judge for
the Northern District of Iowa, sitting by designation.
*** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

-- 1 of 2 --

cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
The government contends that this appeal is barred by an appeal waiver.
Because the district court advised Felix-Enriquez that he could appeal, we decline
to enforce the waiver. See United States v. Buchanan, 59 F.3d 914, 917-18 (9th
Cir. 1995).
Felix-Enriquez contends that his guilty plea was invalid because the district
court violated Federal Rule of Criminal Procedure 11(b)(1)(H) by advising him
that he faced “a term of supervised release of at least three years,” rather than
advising him that he faced a maximum life term of supervised release. Because
Felix-Enriquez did not object to the adequacy of the plea colloquy before the
district court, we review only for plain error. See United States v. Dominguez
Benitez, 542 U.S. 74, 76 (2004). Felix-Enriquez has failed to show a reasonable
probability that, but for the Rule 11 error, he would not have pleaded guilty. See
id.
AFFIRMED.
13-10617 2

-- 2 of 2 --