Dewey

United States v. Dewey

Good Law
599 F.3d 1010·2010 WL 1135772·2010 U.S. App. LEXIS 6291
United States Court of Appeals for the Ninth CircuitMarch 26, 201008-30450California2,932 words

Opinion

Opinion

Settle, J.

This matter involves challenges to a career offender sentence enhancement. As part of a plea agreement, Defendant-Appellant John P. Dewey (“Dewey”) pleaded guilty to participating in a conspiracy to distribute methamphetamine. The district court sentenced Dewey using the Sentencing Guidelines and applied the career offender enhancement based on Dewey’s criminal history. Dewey timely appealed. Dewey contends (1) his trial counsel was ineffective; (2) the trial court erred in sentencing him as a career offender; (3) the trial court imposed an unreasonable sentence; and (4) the trial court erred in not treating a letter personally written by Dewey to the district court as a motion for withdrawal of guilty plea. We review the matter pursuant to our authority under 28 U.S.C. § 1291 . We decline to review Dewey’s ineffective assistance claim because, without a fully developed record, it is not properly before the Court on direct appeal, and we affirm the trial court’s other rulings on these issues.

I.FACTS AND PROCEDURAL HISTORY

Dewey is from Great Falls, Montana. In his adult life, Dewey committed several crimes. The following summarizes Dewey’s criminal history:

In 1990, Dewey…

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