United States v. Jose Sedano-Chavez , 548 F. App'x 448 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 09 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-50572
Plaintiff - Appellee, D.C. No. 8:12-cr-00028-JVS
v.
MEMORANDUM*
JOSE SEDANO-CHAVEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
James V. Selna, District Judge, Presiding
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Jose Sedano-Chavez a appeals from the district court’s judgment and
challenges his guilty-plea conviction for aiding, assisting, and conspiring to permit
certain aliens to enter the United States, in violation of 8 U.S.C. § 1327. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Sedano-Chavez contends that his guilty plea was not knowing and voluntary
because his background and lack of education makes it unlikely that he understood
the proceedings and because he did not believe he had committed a crime. We
review de novo whether a defendant’s guilty plea was voluntary. See United States
v. Gaither, 245 F.3d 1064, 1068 (9th Cir. 2001). The record reflects that Sedano-
Chavez understood the proceedings and the elements of the crime with which he
was charged, and that he admitted he knew he was assisting an alien, who was
inadmissible, to enter the United States. The district court properly concluded that
Sedano-Chavez’s plea was knowingly and voluntarily made.
AFFIRMED.
2 12-50572