FILED
NOT FOR PUBLICATION OCT 13 2010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. 09-10342
Plaintiff - Appellee, 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