United States v. Marino Amador-Leal

RYMER, Circuit Judge:

Marino Amador-Leal appeals his conviction and sentence pursuant to a guilty plea on one count of possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1). The magistrate judge did not explain the potential immigration consequences of Amador-Leal’s conviction when the plea was taken. The question presented here is whether immigration consequences are collateral, as we held in Fruchtman v. Kenton, 531 F.2d 946 (9th Cir.), cert. denied, 429 U.S. 895, 97 S.Ct. 256, 50 L.Ed.2d 178 (1976), or have become direct in light of the aggravated felony…