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No. 8508282
United States Court of Appeals for the Ninth Circuit
United States v. Hernandez-Perez
No. 8508282 · Decided August 27, 2010
No. 8508282·Ninth Circuit · 2010·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 27, 2010
Citation
No. 8508282
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Ascension Hernandez-Perez failed to show any prejudice from the district court’s failure to comply with Federal Rules of Criminal Procedure Rule S2(i)(l)(A). See United States v. Davila-Escovedo, 36 F.3d 840, 844 (9th Cir.1994). Therefore, any error was harmless. See United States v. Soltero, 510 F.3d 858, 863 (9th Cir.2007). The district court’s addition of the two § 4Al.l(d) points brought his total criminal history from ten to twelve, but did not change his criminal history category of V, and thus resulted in the same Guidelines sentencing range. See U.S.S.G. Ch. 5, Pt. A. Because this was a “fast track” plea agreement, any error was harmless. See United States v. Cruz-Gramajo, 570 F.3d 1162 , 1166 n. 3 (9th Cir.2009). 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 ** Ascension Hernandez-Perez failed to show any prejudice from the district court’s failure to comply with Federal Rules of Criminal Procedure Rule S2(i)(l)(A).
Key Points
01MEMORANDUM ** Ascension Hernandez-Perez failed to show any prejudice from the district court’s failure to comply with Federal Rules of Criminal Procedure Rule S2(i)(l)(A).
02The district court’s addition of the two § 4Al.l(d) points brought his total criminal history from ten to twelve, but did not change his criminal history category of V, and thus resulted in the same Guidelines sentencing range.
03Because this was a “fast track” plea agreement, any error was harmless.
04This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.
Frequently Asked Questions
MEMORANDUM ** Ascension Hernandez-Perez failed to show any prejudice from the district court’s failure to comply with Federal Rules of Criminal Procedure Rule S2(i)(l)(A).
FlawCheck shows no negative treatment for United States v. Hernandez-Perez in the current circuit citation data.
This case was decided on August 27, 2010.
Use the citation No. 8508282 and verify it against the official reporter before filing.