United States v. Roberto Aguilar-Escobedo

FILED NOT FOR PUBLICATION OCT 26 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-16976 Plaintiff - Appellee, D.C. Nos. 5:08-cv-04311-RMW 5:03-cr-20082-RMW v. ROBERTO AGUILAR-ESCOBEDO, MEMORANDUM * Defendant - Appellant. Appeal from the United States District Court for the Northern District of California Ronald M. Whyte, District Judge, Presiding Submitted October 25, 2011 ** Before: TROTT, GOULD, and RAWLINSON, Circuit Judges. Roberto Aguilar-Escobedo appeals pro se from the district court’s order denying his motion under 28 U.S.C. § 2255. We have jurisdiction under 28 U.S.C. § 2253, and we affirm. * 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). Aguilar-Escobedo contends that his attorney was ineffective for failing to present a sentencing entrapment defense at trial. As the district court concluded, counsel’s representation did not fall below an objective standard of reasonableness. See Strickland v. Washington, 466 U.S. 668, 687-88 (1984). AFFIRMED. 2 10-16976