United States v. Andre Jacques Strydom

73 F.3d 371 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Andre Jacques STRYDOM, Defendant-Appellant. No. 94-50645. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 14, 1995. Decided Dec. 21, 1995. Before: ALDISERT, * ALARCON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Andre Jacques Strydom appeals his jury conviction and sentence for unlawful importation of heroin under 21 U.S.C. Sec. 952 (a) and possession with intent to distribute under 21 U.S.C. Sec. 841 (a)(1). We have jurisdiction, 28 U.S.C. Sec. 1291 , and we affirm. 3 * We decline to consider Strydom's ineffective assistance of counsel issues because their resolution may require development of facts outside the record. United States v. Sitton, 968 F.2d 947, 960 (9th Cir.) (quoting United States v. Birges, 723 F.2d 666, 670 (9th Cir.), cert. denied, 466 U.S. 943 (1984)), cert. denied, 113 S.Ct. 478 (1992). Such challenges are customarily…