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No. 8621303
United States Court of Appeals for the Ninth Circuit
United States v. Magallenes-Gil
No. 8621303 · Decided May 19, 2006
No. 8621303·Ninth Circuit · 2006·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
May 19, 2006
Citation
No. 8621303
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Juan Magallenes-Gil appeals from his guilty plea conviction to importation of cocaine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Magallenes-Gil contends that the district court’s failure during his guilty plea colloquy to ascertain whether he had been subjected to threats or promises and to recite the precise elements of the offense merit vacating his guilty plea. A review of the record demonstrates that MagallenesGil has not shown 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 , 124 S.Ct. 2333 , 159 L.Ed.2d 157 (2004). Accordingly, we affirm. AFFIRMED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Juan Magallenes-Gil appeals from his guilty plea conviction to importation of cocaine, in violation of 21 U.S.C.
Key Points
01MEMORANDUM ** Juan Magallenes-Gil appeals from his guilty plea conviction to importation of cocaine, in violation of 21 U.S.C.
02Magallenes-Gil contends that the district court’s failure during his guilty plea colloquy to ascertain whether he had been subjected to threats or promises and to recite the precise elements of the offense merit vacating his guilty plea.
03A review of the record demonstrates that MagallenesGil has not shown a “reasonable probability that, but for the error, he would not have entered the plea.” See United States v.
04This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.
Frequently Asked Questions
MEMORANDUM ** Juan Magallenes-Gil appeals from his guilty plea conviction to importation of cocaine, in violation of 21 U.S.C.
FlawCheck shows no negative treatment for United States v. Magallenes-Gil in the current circuit citation data.
This case was decided on May 19, 2006.
Use the citation No. 8621303 and verify it against the official reporter before filing.