United States of America v. Adan Rosales Gonzaga

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ADAN ROSALES GONZAGA,
Defendant - Appellant.
No. 10-50369
D.C. No. 5:08-cr-00199-RAP
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Richard A. Paez, Circuit Judge, Presiding
Submitted November 8, 2011**
Before: O’SCANNLAIN, TASHIMA, and GRABER, Circuit Judges.
Adan Rosales Gonzaga appeals from the 180-month sentence imposed
following his guilty-plea conviction for conspiracy to manufacture and to possess
with intent to distribute marijuana, in violation of 21 U.S.C. § 846, and for aiding
and abetting possession of a firearm during and in relation to a drug trafficking
FILED
NOV 08 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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offense, in violation of 18 U.S.C. § 924(c)(1)(A) and § (2)(A). We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Gonzaga contends that the district court did not fully comply with Federal
Rule of Criminal Procedure 11(b)(2) by failing to inquire whether his guilty plea
was the result of force or threats. Although the district court erred in its plea
colloquy, Gonzaga has failed to establish a reasonable probability that, but for the
error, he would not have entered the plea. See United States v. Dominguez Benitez,
542 U.S. 74, 83 (2004).
AFFIRMED.

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