U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Zavala-Cervantez

United States v. Zavala-Cervantez
U.S. Court of Appeals for the Ninth Circuit · Decided January 11, 2010 · Goodwin, Wallace, Fisher
362 F. App'x 617

United States v. Zavala-Cervantez

Opinion

MEMORANDUM **

Sergio Zavala-Cervantez appeals from the 143-month sentence imposed following his guilty-plea conviction for distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Zavala-Cervantez contends that he received ineffective assistance of counsel at *618 sentencing because his trial counsel failed to advocate for a 90-month sentence, despite having negotiated the right to argue for such a sentence in his plea agreement. We will not address this claim on direct appeal because it is not one of “the unusual cases[ ] (1) where the record on appeal is sufficiently developed to permit determination of the issue, 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, 1155-56 (9th Cir. 2005); see also United States v. Benford, 574 F.3d 1228, 1231 (9th Cir. 2009).

AFFIRMED.

**

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

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