United States v. Geronimo Ochoa-Reyes

41 F.3d 1514 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Geronimo OCHOA-REYES, Defendant-Appellant. No. 93-30448. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1994. * Decided Nov. 10, 1994. Before: FLETCHER, D.W. NELSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Geronimo Ochoa-Reyes ("Ochoa") appeals his sentencing as a career offender under U.S.S.G. Sec. 4B1.1 following his plea of guilty to one count of violating 21 U.S.C. Secs. 841 (a)(1) and 841(b)(1)(B)(viii). Ochoa argues that one of the prior state court drug convictions the district court used to establish his career offender status was invalid because he received ineffective assistance of counsel in that proceeding. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 Ochoa-Reyes relies on United States v. Vea-Gonzales, 999 F.2d 1326, 1333 (9th Cir.1993), for the proposition that a defendant has a right to attack…