US v. Ramiro Aguilar
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff Appellee, v. RAMIRO GOMEZ AGUILAR, Defendant Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:06-cr-00018-RLV-CH-1)
July 9, 2009
July 23, 2009
Before WILKINSON and Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Leslie C. Rawls, Charlotte, North Carolina, for Appellant. Edward R. Ryan, Acting United States Attorney, Charlotte, North Carolina, Amy E. Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Ramiro Gomez Aguilar pled guilty pursuant to a plea agreement to one count of conspiracy to possess with the intent to distribute five kilograms 846 of cocaine, in violation district the of
21 U.S.C. sentenced
§ § 841(b)(1)(A), Aguilar term to 120
appeal that, as a result of the magistrate judge's error at the Fed. R. Crim. P. 11 colloquy, * his guilty plea was not voluntary. We affirm. Because Aguilar did not move in the district court to withdraw his guilty plea on the basis that the magistrate
judge's error rendered his plea involuntary, his challenge is reviewed for plain error. See United States v. Martinez, 277 To establish plain error,
F.3d 517, 524-25 (4th Cir. 2002).
Aguilar must show that: (1) an error was made; (2) the error is plain; and (3) the error affects his substantial rights. States v. Olano, 507 U.S. 725, 732 (1993). United
Even if Aguilar
makes this showing, however, correction of the error lies within our discretion, which we will not exercise unless the error
"seriously affects the fairness, integrity or public reputation
Aguilar expressly consented to plead guilty before the magistrate judge.
citations, and alteration omitted). Under Fed. R. Crim. P. 11(b)(1)(I), a district court is required, the before accepting and a defendant's that he guilty plea, to any P. the
defendant mandatory To
understands R. the the F.3d Crim. Rule,
applicable 11(b)(1)(I). court must
penalty. obligation the
Fed. under of 25
defendant v. Good,
applicable 218, 223
(4th Cir. 1994). In this case, Aguilar was subject to a minimum term of ten years' imprisonment and a maximum term of life imprisonment. See 21 U.S.C. § 841(b)(1)(A). At the Rule 11 colloquy, the
magistrate judge advised Aguilar that the "maximum penalty for this offense is not less than ten years nor more than life imprisonment." to discharge Aguilar claims that the magistrate judge failed his obligation to clearly advise him of the
applicable mandatory minimum penalty because this description of the applicable prison terms is that confusing the and inaccurate. judge's
description of the applicable minimum penalty was error that was plain, Aguilar is not entitled to relief because the error did not impact his substantial rights. 51 F.3d 400, 402-03 (4th Cir. 1995). 3 See United States v. Goins,
An error impacts a defendant's substantial rights if it is so prejudicial as to affect the outcome of the
proceedings. context, a
See Martinez, 277 F.3d at 532. defendant meets this standard
In the guilty plea by showing that he Id.
would not have pled guilty but for the Rule 11 error.
After review of the record, we conclude that Aguilar fails to make this showing. Accordingly, we discern no plain error. We
therefore affirm the district court's judgment.
with oral argument because the facts and legal contentions are adequately presented in the materials before the court and
argument would not aid the decisional process. AFFIRMED
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