United States v. Librado Gonzalez-Valera

FILED NOT FOR PUBLICATION MAY 12 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-10258 Plaintiff - Appellee, D.C. No. 4:09-cr-02731-FRZ-1 v. MEMORANDUM * LIBRADO GONZALEZ-VALERA, 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.** Gonzalez-Valera claims that his December 3, 2009 group-plea hearing violated Federal Rule of Criminal Procedure 11 and his constitutional rights to due process and assistance of counsel. The record patently demonstrates that * 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. Gonzalez-Valera was sufficiently advised of his rights, that he affirmed his understanding of such rights, that he expressly waived such rights by pleading guilty, and that he received adequate representation by counsel. As we have held, any Rule 11 violations from this hearing were harmless, and the hearing did not violate either due process or the right to counsel. See United States v. Escamilla- Rojas, No. 10-10185, — F.3d — (9th Cir. 2011). AFFIRMED.