United States v. Manuel Gudino-Sierra

FILED NOT FOR PUBLICATION JUN 24 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-10605 Plaintiff - Appellee, D.C. No. 2:09-cr-00466-PMP v. MEMORANDUM * MANUEL GUDINO-SIERRA, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Philip M. Pro, District Judge, Presiding Submitted June 18, 2013 ** Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges. Manuel Gudino-Sierra appeals from the district court’s judgment and challenges his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii), and 846. We have jurisdiction under 28 U.S.C. § 1291, 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). Gudino-Sierra contends that he received ineffective assistance from his trial counsel in relation to plea negotiations. “Claims of ineffective assistance of counsel are generally inappropriate on direct appeal.” United States v. McKenna, 327 F.3d 830, 845 (9th Cir. 2003). Contrary to Gudino-Sierra’s contention, the record on appeal is not sufficiently developed to evaluate the effectiveness of trial counsel. See id. AFFIRMED. 2 11-10605