940 F. 2d 1537 - Nited States v. Valdez-Corral
940 F2d 1537 Nited States v. Valdez-Corral
940 F.2d 1537
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
NITED STATES of America, Plaintiff-Appellee,
v.
Gumaro VALDEZ-CORRAL, Defendant-Appellant.
No. 88-5457.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Feb. 4, 1991.
Decided Aug. 2, 1991.
Before JAMES R. BROWNING, D.W. NELSON and REINHARDT, Circuit Judges.
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MEMORANDUM*
Gumaro Valdez-Corral appeals the district court's denial of his motion to withdraw his guilty plea. We reverse and remand.
There is no indication in the record that the court addressed the defendant personally and informed him of his right to cross-examine witnesses, as required by Rule 11 or that the defendant, who did not speak English, was aided by an interpreter. The record does not show the court engaged in the "careful and thorough compliance" with rule 11 that is required, see United States v. Jaramillo-Suarez, 857 F.2d 1368, 1371 (9th Cir.1988). Since we cannot say with certainty the error was harmless, we must remand.
Valdez-Corral's remaining contentions on appeal are meritless. See United States v. Clay, 925 F.2d 299, 303 (9th Cir.1991).
REVERSED and REMANDED with directions to vacate the judgment of conviction, the sentence and the plea of guilty upon which the conviction is based, and to afford Valdez-Corral the opportunity to enter a new plea.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3