FILED
NOT FOR PUBLICATION AUG 27 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 08-50321
Plaintiff - Appellee, D.C. No. 2:08-cr-00014-RGK-1
v.
MEMORANDUM *
ASCENSION HERNANDEZ-PEREZ,
AKA Jose Asuncion Hernandez, AKA
Jose Ascencion Hernandez,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Argued and Submitted June 10, 2010
Pasadena, California
Before: KOZINSKI, Chief Judge, RAWLINSON, Circuit Judge, and BENNETT,
District Judge.**
Ascension Hernandez-Perez failed to show any prejudice from the district
court’s failure to comply with Federal Rules of Criminal Procedure Rule
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Mark W. Bennett, U.S. District Judge for the Northern
District of Iowa, sitting by designation.
32(i)(1)(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 § 4A1.1(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.
2
United States v. Ascencion Hernandez-Perez
Combined Opinion