United States v. Mario Herrera-Perez

MEMORANDUM

Mario Alberto Herrera-Perez appeals from the 120-month sentence imposed following his guilty-plea conviction for possession with intent to distribute heroin, in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291 , and we dismiss.

Herrera-Perez pleaded guilty pursuant to a written agreement that included an appeal waiver. He contends that his appeal waiver was not knowing and voluntary due to the ineffective assistance of counsel. As a general rule, we do not review challenges to the effectiveness of defense counsel on direct appeal unless (1) the record on appeal is sufficiently developed to permit determination of the issue, or (2) the legal representation is so inadequate that it obviously denies a defendant his Sixth Amendment right to counsel. See United States v. Jeronimo, 398 F.3d 1149, 1155-56 (9th Cir.2005), overruled on other grounds by United States v. Jacobo Castillo, 496 F.3d 947, 957 (9th Cir.2007) (en banc). Neither exception applies to this case. Based on the record before this court on direct appeal, we conclude that Herrera-Perez’s appeal waiver, which waived his ability to appeal a sentence that was imposed at…