United States of America v. David Erasmo Escamilla- Gallegos, a.k.a. David Erasmo Ecsamilla

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID ERASMO ESCAMILLA-
GALLEGOS, a.k.a. David Erasmo
Ecsamilla,
Defendant - Appellant.
No. 13-10378
D.C. No. 4:12-cr-01852-JGZ
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Submitted April 7, 2014**
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
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.
FILED
APR 11 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 panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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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,
239 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.
13-10378 2

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