United States v. Storer
United States v. Storer
Opinion of the Court
MEMORANDUM
Cody Storer appeals his sentence following his guilty plea to conspiracy to possess
Storer argues that his appeal waiver is unenforceable because the government breached the plea agreement. However, Storer forfeited his breach of the plea agreement claim by asserting it for the first time on appeal. In addition, Storer has not demonstrated plain error. United States v. Robertson, 52 F.3d 789, 791-92 (9th Cir. 1994); United States v. Gonzalez, 16 F.3d 985, 989-90 (9th Cir. 1993); United States v. Flores-Payon, 942 F.2d 556, 560 (9th Cir. 1991). In any event, the unambiguous integrated plea agreement establishes that the government did not promise to request a particular sentence.
We decline to review Storer’s ineffective assistance of counsel claims in this direct appeal. Such claims generally should be raised in § 2255 proceedings. United States v. McKenna, 327 F.3d 830, 845 (9th Cir . 2003).
APPEAL DISMISSED.
This disposition is not appropriate for publication and may not be cited to or by the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.