Perez-Vega

United States v. Perez-Vega

Good Law
2 F. App'x 820
United States Court of Appeals for the Ninth CircuitJanuary 24, 2001No. 00-10457California323 words

Opinion

Lead Opinion

MEMORANDUM

Pedro Perez-Vega appeals his jury conviction and sentence for a single count of reentry after deportation in violation of 8 U.S.C. §§ 1326 (a) and 1326(b)(2). Perez-Vega’s counsel has filed a brief, pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), stating that he finds no meritorious issues for review, and a motion to withdraw as counsel of record.

Defendant has filed a supplemental pro se brief, contending that he received ineffective assistance from his trial and appellate counsel. Because the record on appeal is inadequate, we decline to entertain Perez-Vega’s ineffective assistance of counsel claim at this time. United States v. Rivera-Sanchez, 222 F.3d 1057, 1060 (9th Cir.2000) (generally, ineffective assistance of counsel claims “are inappropriate on direct appeal and should be raised, instead, in habeas corpus proceedings”).

We note that, in addition to § 1326(a), the district court’s judgment references 8 U.S.C. § 1326 (b), which does not define a separate crime. Almendarez-Torres v. United States, 523 U.S. 224, 226 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998); United States v. Alviso, 152 F.3d 1195, 1199 (9th Cir.1998).…

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