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U.S. v. BONILLA

No. 08-12127.

579 F.3d 1233 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Mario Alberto Simbaqueba BONILLA, a.k.a. Mario Simbaqueba, a.k.a. Mario Gaona, a.k.a. Mario S. Bonilla, a.k.a. Alberto Gaona, a.k.a. Mario Simba, a.k.a. Mario Simbaqueba Bonilla, a.k.a. Mario Bsimbaqueba, a.k.a. Mario Csimbaqueba, a.k.a. Mario Psimbaqueba, a.k.a. Mario Bonilla Simbaqueba, a.k.a. Mario Ssimbaqueba, a.k.a. Mario Alberto Simbaqueba, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 18, 2009.

Attorney(s) appearing for the Case

Benson B. Weintraub, Law Offices of Benson Weintraub, Miami, FL, Robert David Malove, Robert David Malove, P.A., Ft. Lauderdale, FL, for Defendant-Appellant.

Carol E. Herman, Anne R. Schultz and Jeanne Marie Mullenhoff, Asst. U.S. Attys., Miami, FL, for U.S.

Before BARKETT and FAY, Circuit Judges, and TRAGER, District Judge.

FAY, Circuit Judge:

Mario Alberto Simbaqueba-Bonilla ("Bonilla") appeals the district court's imposition of a 108 month sentence. Bonilla pled guilty to 16 counts of conspiracy, access device fraud, identity theft, and aggravated identity theft. On appeal, Bonilla asserts that his plea was constitutionally invalid and that the subsequent sentence imposed was unreasonable and therefore should be vacated.

Specifically, Bonilla asserts that (i) the plea is invalid...

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