Amilcar A.J. Marchetti v. United States

47 F.3d 1175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Amilcar A.J. MARCHETTI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 94-55130. United States Court of Appeals, Ninth Circuit. Submitted Dec. 5, 1994. * Decided Feb. 14, 1995. Before: FARRIS, POOLE and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 The district court found that defendant rejected the plea agreement because he did not want a seven year sentence, not because he was misinformed about whether there was a "lid" on the offer. ER 142-43. That finding is not clearly erroneous, particularly in light of defendant's own testimony that he asked counsel to negotiate a plea for a shorter (presumably firm) sentence of three years. ER 119. Accordingly, even if it were established that counsel's failure to explain the mechanism of a Rule 11(e)(1)(C) plea agreement fell below an objective standard of reasonableness, defendant could not show that the alleged ineffective assistance "had an…