(Download) "United States v. Cuevas-Andrade" by Fifth Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Cuevas-Andrade
- Author : Fifth Circuit U.S. Court of Appeals
- Release Date : January 03, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Juan Cuevas-Andrade appeals his conviction and sentence for illegally reentering the United States following deportation. He contends, first, that the district courts numerous violations of Fed. R. Crim. P. 11 require us to remand the case for a new plea hearing; and, second, that the district court improperly enhanced his sentence on the basis of a prior conviction for carrying a firearm during a drug-trafficking crime. We hold that under the circumstances of this case, the district courts violations of Rule 11 constitute harmless error because they did not materially affect Cuevas-Andrades decision to plead guilty. We also hold that Cuevas-Andrades second issue is unreviewable because, as a part of his plea agreement, he voluntarily and intelligently waived his right to challenge his sentence. We thus affirm Cuevas-Andrades conviction and sentence.