United States v. Victor Valenzuela-Arisqueta

OPINION

CALLAHAN, Circuit Judge:

Victor Manuel Valenzuela-Arisqueta (“Valenzuela”) appeals from the district court’s rejection of his guilty plea to illegal reentry into the country in violation of 8 U.S.C. § 1326. He asserts that the rejection of his plea violates his constitutional right against double jeopardy. We determine that the underlying premise for Valenzuela’s insistence that the district court accept his plea — that the maximum sentence under the indictment was two years’ incarceration — is wrong. Furthermore, because Valenzuela was not informed of the possible 20-year sentence, the…