United States v. Zavala-Cervantez

FILED
NOT FOR PUBLICATION JAN 11 2010

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 08-30041

Plaintiff - Appellee, D.C. No. CR-06-00016-RHW

v.
MEMORANDUM *
SERGIO ZAVALA-CERVANTEZ,

Defendant - Appellant.

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

*
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
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.

NC/Research 2 08-30041