Opinion
No. 13-10378 D.C. No. 4:12-cr-01852-JGZ
04-07-2014
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID ERASMO ESCAMILLA-GALLEGOS, a.k.a. David Erasmo Ecsamilla, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
David Erasmo Escamilla-Gallegos appeals from the district court's judgment and challenges his guilty-plea conviction for reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Escamilla-Gallegos contends that his guilty plea was involuntary because, at the time of his pretrial conference and change-of-plea hearing, his confusion was apparent and was aggravated by his recent use of pain medication. We review de novo whether a defendant's plea was voluntary. See United States v. Kaczynski, 239 F.3d 1108, 1114 (9th Cir. 2001). Contrary to Escamilla-Gallegos's contention, his statements at the hearing reflect that he pleaded guilty voluntarily. See id. at 1115 (substantial weight is given to defendant's in-court statements).
AFFIRMED.