Vandivere

MEMORANDUM *

On December 11, 1998, a jury convicted James Vandivere of four counts related to *449 child pornography, for which he is now serving a 235-month prison sentence. On appeal, Vandivere raises six separate challenges to his conviction and sentence, each of which we reject.

1. Ineffective assistance of counsel

Vandivere’s two ineffective assistance of counsel challenges both fail because he cannot demonstrate that his lawyer’s performance was deficient. See Strickland v. Washington, 466 U.S. 668, 691-92 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). As to his first challenge, the record is unclear whether Vandivere’s counsel was pursuing a strategy of pushing the government to trial as soon as possible when he did not move to dismiss two charges in the superseding indictment that were filed after the thirty-day deadline imposed by the Speedy Trial Act. 18 U.S.C. § 3161 (b). Resolution of this claim is therefore inappropriate on direct appeal. See United States v. Sager, 227 F.3d 1138, 1149 (9th Cir.2000) (refusing to consider on direct appeal ineffective assistance of counsel claim based on defense counsel’s failure to move to dismiss, pursuant to Speedy Trial Act, certain…