United States v. Miguel Morales-Mata

MEMORANDUM

Miguel Morales-Mata appeals his conviction by guilty plea and sentence for possession of 50 grams or more of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841 (b)(1)(B). He argues that his conviction is invalid and his appellate waiver is unenforceable due to ineffective assistance of counsel. He also argues that the district court impermissi-bly coerced him into withdrawing his motion for substitution of counsel and discouraged him from withdrawing his guilty plea. We affirm his conviction and sentence.

We are not convinced that by requesting remand without vacatur of the plea agreement Morales-Mata has pushed this case beyond the confínes of Article Ill’s case- or-controversy requirement. U.S. Const, art. Ill, § 2, cl. 1. But we need not reach this issue of constitutional import because Morales-Mata’s decision not to seek vaca-tur of the plea agreement clearly undermines his claims for another reason. Having failed to assert that he would not have entered into the plea agreement absent the alleged errors, his ineffective assistance of counsel and Rule 11-based claims must be denied for lack of prejudice. United States v. Dominguez Benitez,…