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No. 8688226
United States Court of Appeals for the Ninth Circuit
United States v. Francis
No. 8688226 · Decided August 6, 2008
No. 8688226·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 6, 2008
Citation
No. 8688226
Disposition
See opinion text.
Full Opinion
MEMORANDUM * Francis argues that the district court failed to advise him of certain rights before his guilty plea. Though there were deficiencies in the plea colloquy, Francis was otherwise informed of his rights, and he has not demonstrated that, but for the deficiencies, he would not have entered his plea. United States v. Dominguez Beni-tez, 542 U.S. 74, 83 , 124 S.Ct. 2333 , 159 L.Ed.2d 157 (2004). Francis further argues that his sentence was unreasonably high. However, as the district court explained, Francis received a 135-month sentence, instead of a higher one, because 135 months is within the guidelines range contemplated by his plea agreement. Rita v. United States, 551 U.S. -, 127 S.Ct. 2456, 2469 , 168 L.Ed.2d 203 (2007). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM * Francis argues that the district court failed to advise him of certain rights before his guilty plea.
Key Points
01MEMORANDUM * Francis argues that the district court failed to advise him of certain rights before his guilty plea.
02Though there were deficiencies in the plea colloquy, Francis was otherwise informed of his rights, and he has not demonstrated that, but for the deficiencies, he would not have entered his plea.
03Francis further argues that his sentence was unreasonably high.
04However, as the district court explained, Francis received a 135-month sentence, instead of a higher one, because 135 months is within the guidelines range contemplated by his plea agreement.
Frequently Asked Questions
MEMORANDUM * Francis argues that the district court failed to advise him of certain rights before his guilty plea.
FlawCheck shows no negative treatment for United States v. Francis in the current circuit citation data.
This case was decided on August 6, 2008.
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