United States of America v. Sergio Zavala-Cervantez

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NC/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SERGIO ZAVALA-CERVANTEZ,
Defendant - Appellant.
No. 08-30041
D.C. No. CR-06-00016-RHW
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of Washington
Robert H. Whaley, District Judge, Presiding
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Sergio Zavala-Cervantez appeals from the 143-month sentence imposed
following his guilty-plea conviction for distribution of methamphetamine, in
FILED
JAN 11 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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NC/Research 08-30041 2
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 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.

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