United States of America v. Manuel Gudino-Sierra

11-10605Court of Appeals for the Ninth Circuit24 giu 2013

Testo completo

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MANUEL GUDINO-SIERRA,
Defendant - Appellant.
No. 11-10605
D.C. No. 2:09-cr-00466-PMP
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted June 18, 2013**
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Manuel Gudino-Sierra appeals from the district court’s judgment and
challenges his guilty-plea conviction for conspiracy to distribute
methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii), and
846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
JUN 24 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10605 2
Gudino-Sierra contends that he received ineffective assistance from his trial
counsel in relation to plea negotiations. “Claims of ineffective assistance of
counsel are generally inappropriate on direct appeal.” United States v. McKenna,
327 F.3d 830, 845 (9th Cir. 2003). Contrary to Gudino-Sierra’s contention, the
record on appeal is not sufficiently developed to evaluate the effectiveness of trial
counsel. See id.
AFFIRMED.

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