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NOT FOR PUBLICATION MAY 12 2011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.