United States v. Ivan Arredondo-Meza

MEMORANDUM

Ivan Arredondo-Meza appeals from his jury-trial conviction and 480-month sentence imposed for conspiracy to possess/distribute a controlled substance, in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and continuing criminal enterprise, in violation of 21 U.S.C. § 848 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We decline to consider Arredondo-Meza’s claim of ineffective assistance of counsel. This court does not “ordinarily consider on direct review claims challenging the efficacy of a criminal defendant’s representation,” and the record does not establish the applicability of any exception to this rule here. See United States v. Daychild, 357 F.3d 1082, 1095 (9th Cir.2004).

Arredondo-Meza also contends that his sentence is unconstitutional because it is based on drug quantities determined by the district court and not supported by the evidence. Contrary to Arredondo-Meza’s suggestion, the issue of drug quantity was not required to be determined by a jury because that fact did not increase the statutory maximum. See Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). Furthermore, the district court correctly applied…