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United States v. Bonilla

filed*fn*: June 9, 1993.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DAGOBERTO BONILLA, DEFENDANT-APPELLANT.



Appeal from the United States District Court, for the Southern District of California. DC# CR-91- 1193-B. Rudi M. Brewster, Presiding

Before: Kozinski, Suhrheinrich**fn** and T.g. Nelson, Circuit Judges.

MEMORANDUM

Bonilla's "substantial rights" were not affected by the erroneous information he received at the plea hearing because the sentence he received was less than the maximum of which he was advised. Thus, any error was harmless. See Fed. R. Crim. P 11(h); Rodriguera v. United States, 954 F.2d 1465, 1468-69 (9th Cir. 1992); United States v. Sanclemente-Bejarano, 861 F.2d 206, 210 (9th Cir. 1988).

Nothing in the record indicates that the district court misunderstood its discretionary authority to depart downward. Thus, its refusal to depart from the Sentencing Guidelines is not reviewable on appeal. United States v. Morales, 972 F.2d 1007, 1011 (9th Cir. 1992), cert. denied, 113 S. Ct. 1665 (1993).

AFFIRMED.

Disposition

AFFIRME ...


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