United States v. Mario Murrieta-Rivera

U.S. Court of Appeals for the Ninth Circuit
United States v. Mario Murrieta-Rivera, 401 F. App'x 252 (9th Cir. 2010)

United States v. Mario Murrieta-Rivera

Opinion

MEMORANDUM **

Mario Murrieta-Rivera appeals from the 77-month sentence imposed following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Murrieta-Rivera contends he received ineffective assistance of counsel when counsel: did not effectively communicate a plea offer; failed to argue for departures or for a third point reduction for acceptance of responsibility during sentencing; and failed to advocate on Murrieta-Riv-era’s behalf. We decline to review Murrie-ta-Rivera’s ineffective assistance of counsel claims on direct appeal because this is not one of the “unusual cases (1) where the record on appeal is sufficiently developed to permit determination of the issue[s], or (2) where the legal representation is so inadequate that it obviously denies a defendant his Sixth Amendment right to counsel.” United States v. Jeronimo, 398 F.3d 1149, 1156 (9th Cir. 2005).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Mario MURRIETA-RIVERA, Defendant-Appellant
Status
Unpublished