The appellant challenges his federal guilty plea conviction of conspiracy to commit aggravated alien transporting, arguing principally that his plea lacks an adequate factual basis, and that the district court misadvised him as to his sentencing exposure, rendering his plea involuntary. Although it was error for the district court to inform him that he faced only a 10-year maximum sentence, and that the error was clear and obvious, the appellant failed to carry his burden of establishing a reasonable probability that but for the error, he would not have pleaded guilty. The sentence is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-40295, 05-14-2013.
United States v. Alvarado-Casas
May 22, 2013