United States v. J. Magallon-Avalos ( 2003 )


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  •                       United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 03-2879
    ___________
    United States of America,                 *
    *
    Appellee,                    *
    * Appeal from the United States
    v.                                  * District Court for the
    * Northern District of Iowa.
    Juan Carlos Magallon-Avalos,              *
    *      [UNPUBLISHED]
    Appellant.                   *
    ___________
    Submitted: November 7, 2003
    Filed: November 26, 2003
    ___________
    Before RILEY, McMILLIAN, and SMITH, Circuit Judges.
    ___________
    PER CURIAM.
    In this direct criminal appeal, Juan Magallon-Avalos (Magallon) challenges his
    conviction for illegally reentering the United States after being deported following
    a felony conviction. For reversal Magallon argues that the district court1 failed to
    comply with Federal Rule of Criminal Procedure 11(b)(1)(I) and (M) in taking his
    guilty plea. Magallon did not object in the district court and, even if the district court
    did not comply with the technical requirements of Rule 11, Magallon failed to show
    1
    The Honorable Linda R. Reade, United States District Judge for the Northern
    District of Iowa.
    his substantial rights were affected. See United States v. Vonn, 
    535 U.S. 55
    , 58-59
    (2002) (defendant who allows Rule 11 error to pass without objection in trial court
    must satisfy plain error rule, i.e., that claimed plain error affected defendant’s
    substantial rights); United States v. Prado, 
    204 F.3d 843
    , 846 (8th Cir. 2000)
    (analyzing Rule 11 plain error in terms of whether defendant would have otherwise
    pled guilty).
    Accordingly, we affirm.
    ______________________________
    -2-
    

Document Info

Docket Number: 03-2879

Judges: Riley, McMillian, Smith

Filed Date: 11/26/2003

Precedential Status: Non-Precedential

Modified Date: 3/2/2024