Armenta

MEMORANDUM **

Jose Arturo Armenta appeals the District Court’s denial of his motion for 28 U.S.C. § 2255 relief. Armenta argues that because his counsel provided ineffective assistance at his sentencing hearing, causing him not to receive a two-level acceptance of responsibility adjustment under the United States Sentencing Guidelines, we should vacate his sentence and remand to the District Court for presentation of evidence regarding Armenta’s acceptance of responsibility. Since Armenta’s counsel was not unconstitutionally ineffective, we affirm.

BACKGROUND

Armenta pleaded guilty to conspiracy to possess with intent to distribute cocaine. In his plea agreement, Armenta retained the right to appeal the denial of a motion he made to suppress evidence. After entry of his plea, the court sentenced Armenta to 360 months in prison.

Following a number of unsuccessful appeals of the denial of his motion to suppress, Armenta filed the § 2255 motion at issue here. In his § 2255 motion, Armenta contended that his guilty plea was defective and that his counsel’s advice not to accept responsibility at his sentencing hearing constituted ineffective assistance of counsel. The government…