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IN RE VASQUEZ-RAMIREZ v. U.S.

No. 04-75715.

443 F.3d 692 (2006)

In re Alvaro VASQUEZ-RAMIREZ, Alvaro Vasquez-Ramirez, Petitioner, v. United States District Court for the Southern District of California, Respondent, United States of America, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Filed April 6, 2006.

Attorney(s) appearing for the Case

Steven F. Hubachek, Chase Scolnick and Lori B. Schoenberg, Federal Defenders of San Diego, Inc., San Diego, CA, for the petitioner.

Michael J. Dowd, Lerach Coughlin Stoia Geller Rudman & Robbins LLP, San Diego, CA, for the respondent.

Carol C. Lam, United States Attorney; Roger W. Haines, Jr., Assistant United States Attorney, Chief, Appellate Section, Criminal Division; and David P. Curnow, Assistant United States Attorney, San Diego, CA, for the United States, real party in interest.

Before: WILLIAM C. CANBY, JR., ALEX KOZINSKI and EUGENE E. SILER, JR., Circuit Judges.

KOZINSKI, Circuit Judge.

We consider whether a district judge may reject a guilty plea that satisfies all of the requirements of Federal Rule of Criminal Procedure 11(b).

Facts

Alvaro Vasquez-Ramirez was deported from the United States after having been convicted of an aggravated felony. He then reentered the United States in violation of 8 U.S.C. § 1326 ("Reentry of removed aliens"), a crime carrying a maximum sentence of 20 years. See<...

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