NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 17 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 20-10402

Plaintiff-Appellee, D.C. No.

1:19-cr-00211-DAD-SKO-1 v. FRANCISCO JAVIER OCHOA-ANAYA, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court

for the Eastern District of California

Dale A. Drozd, District Judge, Presiding

Submitted September 14, 2021** Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.

Francisco Javier Ochoa-Anaya appeals from the district court’s judgment and challenges the 312-month sentence imposed following his guilty-plea conviction for conspiracy to distribute a controlled substance, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846, and possession of firearms in furtherance

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Ochoa-Anaya’s request for oral argument is, therefore, denied. of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Ochoa-Anaya contends that his counsel rendered ineffective assistance by failing to challenge adequately his two-level Guidelines enhancement for using a personal relationship to involve another person in drug trafficking, pursuant to U.S.S.G. § 2D1.1(b)(16)(A). We decline to consider this claim on direct appeal because the record is insufficiently developed and it is not obvious that Ochoa- Anaya was denied his Sixth Amendment right to counsel. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011). Ochoa-Anaya may raise this claim in a 28 U.S.C. § 2255 proceeding. See id. at 1260.

AFFIRMED.

2 20-10402