United States v. San Juan Hernandez

MEMORANDUM

San Juan Hernandez appeals the 134-month sentence imposed following his guilty pleas to conspiring with intent to distribute and possessing with intent to distribute 132 kilograms of marijuana; and admitting a violation of the terms of his supervised release. Hernandez argues that his sentence must be vacated because he received prejudicial ineffective assistance of counsel at sentencing. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo claims of ineffective assistance of counsel. United States v. Mack, 164 F.3d 467, 471 (9th Cir.1999). Hernandez’s ineffective assistance claim is appropriate for direct review because the claim exclusively relies on statements made in court by Hernandez’s attorney, which are contained in the transcript of the sentencing hearing. See United States v. Swanson, 943 F.2d 1070, 1072 (9th Cir.1991).

To succeed on an ineffective assistance of counsel claim, a defendant must demonstrate that; (1) “counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment;” and (2) “the deficient performance prejudiced the defense.” Strickland v. Washington,…