USA v. Rafael Rolon-Ramo, No. 09-10342 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 13 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 09-10342 D.C. No. 2:08-cr-00156-RLH v. MEMORANDUM * RAFAEL ROLON-RAMOS, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Roger L. Hunt, Chief Judge, Presiding Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Rafael Rolon-Ramos appeals from his guilty-plea conviction for being a deported alien found unlawfully in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Rolon-Ramos contends his guilty plea is invalid because the district court did not properly advise him at the Rule 11 hearing regarding the Sentencing Guidelines and the 18 U.S.C. § 3553(a) factors. The record does not reflect that the district court erred. Moreover, any alleged error did not affect his substantial rights because Rolon-Ramos has failed to show a reasonable probability that, but for the error, he would not have entered the plea. United States v. Dominguez Benitez, 542 U.S. 74, 83 (2004). AFFIRMED. 2 09-10342

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