United States v. Alan Buitre

MEMORANDUM

Alan Buitre pled guilty and was sentenced the statutory minimum of five years in prison for receipt of child pornography in violation of 18 U.S.C. § 2252A(a)(2). On appeal, Buitre argues his trial counsel was ineffective. Specifically, Buitre claims trial counsel misinformed him about the advisory guideline range, and failed to correct a serious flaw in the government’s memorandum of plea.

Ordinarily, we would not consider an ineffective assistance claim on direct appeal. United States v. McKenna, 327 F.3d 830, 845 (9th Cir.2003). However, the record is sufficiently developed to permit review and determination of the issue. United States v. Daychild, 357 F.3d 1082, 1095 (9th Cir.2004).

Buitre claims that trial counsel misinformed him and failed to correct errors in the government’s memorandum of plea. Additionally, a scrivener’s error in the government’s “no-plea memo” erroneously referred to a charge of bank robbery. This unusual error had no impact on the outcome of Buitre’s case. Buitre received the statutory minimum sentence of five years for receipt of child pornography. He was informed of the statutory minimum in the draft plea agreement. Therefore, whatever…