United States v. Richard Webster

81 F.3d 171 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard WEBSTER, Defendant-Appellant. No. 93-30332. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 7, 1996. Decided March 27, 1996. Before: FLETCHER, NOONAN, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Richard Webster appeals his jury conviction for conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1), 846, and his sentence under the Sentencing Guidelines. We have jurisdiction under 28 U.S.C. § 1291 . We affirm the conviction, but vacate the sentence and remand for resentencing. 3 * Webster contends that he was denied effective assistance of counsel because his attorney failed to seek specific performance of his plea agreement. "The customary procedure for challenging the effectiveness of defense counsel in a federal criminal trial is by collateral attack on the conviction under 28 U.S.C. § 2255 ."…