FILED
NOT FOR PUBLICATION MAY 12 2011
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. 10-10257
Plaintiff - Appellee, D.C. No. 4:09-cr-02809-FRZ-1
v.
MEMORANDUM *
SERGIO MENDEZ-REYES,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Frank R. Zapata, Senior District Judge, Presiding
Argued and Submitted February 16, 2011
San Francisco, California
Before: O’SCANNLAIN and TROTT, Circuit Judges, and CAMPBELL, District
Judge.**
Mendez-Reyes claims that his December 3, 2009 group-plea hearing
violated Federal Rule of Criminal Procedure 11 and his Fifth Amendment right to
due process. The record patently demonstrates that Mendez-Reyes was sufficiently
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Tena Campbell, Senior United States District Judge
for the District of Utah, sitting by designation.
advised of his rights, that he affirmed his understanding of such rights, and that he
expressly waived such rights by pleading guilty. As we have held, any Rule 11
violations from this hearing were harmless, and the hearing did not violate due
process. See United States v. Escamilla-Rojas, No. 10-10185, — F.3d — (9th Cir.
2011).
AFFIRMED.