United States of America v. Juan Burgueno

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NOT FOR PUBLICATION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.
JUAN BURGUENO,
Defendant - Appellant.
No. 11-10569
D.C. No. 3:10-cr-00089-RCJ
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, Chief Judge, Presiding
Submitted August 8, 2012**
Before: ALARCÓN, BERZON, and IKUTA, Circuit Judges.
Juan Burgueno appeals from the 120-month sentence imposed following his
guilty-plea conviction for distribution of a controlled substance, in violation of 21
U.S.C. § 841(a)(1) and (b)(1)(A)(viii). We have jurisdiction under 28 U.S.C.
FILED
AUG 15 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10569 2
§ 1291, and we affirm.
Burgueno contends that he received ineffective assistance of counsel
because his attorney did not adequately inform him that he would be subject to a
mandatory minimum sentence of 120 months, as he was ineligible for the safety
valve. The record does not establish that Burgeuno was inadequately informed by
counsel that, because of his criminal history, he would be subject to the mandatory
minimum sentence.
AFFIRMED.

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