United States of America, Plaintiff-appellee, v. Oscar Arango-forero, Defendant-appellant, 99 F.3d 1147 (9th Cir. 1996)

MEMORANDUM^** 

Appellee argues that this court lacks jurisdiction to review defendant's conviction. The court disagrees. Appellee argued the merits fully in its brief and has therefore not been prejudiced by defendant's mistake. United States v. Shin, 953 F.2d 559, 560 (9th Cir. 1992); aff'd sub nom. Jung v. United States, 988 F.2d 120 (9th Cir.), cert. denied, 508 U.S. 961 (1993).

Defendant argues that his guilty pleas should be vacated because the court did not advise him of his future inability to withdraw his guilty plea once entered. Defendant's substantial rights were not affected in that the district court sentenced defendant within the range expressed in the plea agreement. See Fed. R. Crim. P. 11(h); United States v. Chan, 82 F.3d 921, 924 (9th Cir. 1996).

Regardless of whether defendant's allocution rights under Fed. R. Crim. P. 32 were violated, such violation did not constitute plain error. See United States v. Olano, 507 U.S. 725, 732-36, 113 S. Ct. 1770, 1777-78, 123 L. Ed. 2d 508 (1993); United States v. Laverne, 963 F.2d 235, 236 (9th Cir. 1992).

AFFIRMED.