Testo completo
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JUAN JOSE DE LOS SANTOS-
OROZCO, a.k.a. Juan De Los Santos-
Orozco,
Defendant - Appellant.
No. 15-10286
D.C. No. 4:14-cr-01536-RM
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Rosemary Marquez, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Juan Jose De Los Santos-Orozco appeals from the district court’s judgment
and challenges his guilty-plea conviction for reentry of a removed alien, in
violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and
FILED
AUG 01 2016
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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we affirm.
Santos-Orozco contends that his guilty plea was not knowing and voluntary
because he did not fully comprehend the nature of pleading guilty without a plea
agreement, rather than accepting the plea agreement offered by the government.
We review de novo. See United States v. Carter, 795 F.3d 947, 950 (9th Cir.
2015). The record reflects that the district court explained to Santos-Orozco the
effect of pleading guilty both under the proposed plea agreement and without the
benefit of that agreement. Contrary to Santos-Orozco’s contention, his statements
at the hearing reflect that his guilty plea was knowing and voluntary. See United
States v. Kaczynski, 239 F.3d 1108, 1115 (9th Cir. 2001) (substantial weight is
given to defendant’s in-court statements).
AFFIRMED.
15-10286 2
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