IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40968
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID SANCHEZ CONSUEGRA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-01-CR-137-7
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May 9, 2002
Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Having pleaded guilty to possession of more than 100
kilograms of marijuana with the intent to distribute and aiding
and abetting the use of a firearm during a drug-trafficking
crime, David Sanchez Consuegra argues on appeal that his plea to
the firearms offense should be vacated because the record
evidence does not establish his guilt. He further argues that
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 01-40968
-2-
counsel was ineffective for advising him to plead guilty to the
firearms charge.
In connection with his plea, Consuegra acknowledged that he
and eight codefendants robbed a drug dealer of a large quantity
of marijuana and that he was aware that three codefendants
carried firearms during the robbery. During the course of the
robbery, members of the victim’s family were held at gunpoint and
the drug dealer was shot. This evidence amply supports
Consuegra’s plea of guilty to the firearms violation. See United
States v. Harris, 25 F.3d 1275, 1278-79 (5th Cir. 1994). As a
clerical matter, we AMEND THE JUDGMENT to reflect that Consuegra
pleaded guilty to aiding and abetting the use and carrying of a
firearm during and in relation to a drug-trafficking crime in
violation of 18 U.S.C. §§ 2 and 924(c)(a)(A)(i).
Although as a general rule we do not address claims of
ineffective counsel on direct appeal, the record is adequate for
us to do so in this case. As the record establishes that
Consuegra is guilty of aiding and abetting the use of a firearm
during a drug-trafficking offense, counsel was not ineffective
for advising him to enter a plea to that charge. See Strickland
v. Washington, 466 U.S. 668, 687 (1984).
AFFIRMED AS AMENDED.