U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Daniel Araya

United States v. Daniel Araya
U.S. Court of Appeals for the Ninth Circuit · Decided April 11, 2011 · Fletcher, Clifton, Bea
426 F. App'x 522

United States v. Daniel Araya

Opinion

MEMORANDUM **

Daniel Bekele Araya appeals from the 42-month sentence imposed following his guilty-plea conviction for trafficking in contraband cigarettes, in violation of 18 U.S.C. § 2342(a), and smuggling goods into the United States, in violation of 18 U.S.C. § 545. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Araya contends that counsel was ineffective for failing to inform the government of his intent to plead guilty in a timely manner. We decline to address this claim on direct appeal as the record is insufficiently developed, and Araya’s legal representation was not so inadequate that it obviously denied him his Sixth Amendment right to counsel. See United States v. Ross, 206 F.3d 896, 900 (9th Cir. 2000).

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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