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NOT FOR PUBLICATION OCT 26 2011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