Leyva-Montoya

MEMORANDUM *

Severo Leyva-Montoya appeals his conviction following a guilty plea for transportation of illegal aliens in violation of 8 U.S.C. § 1324 (a)(l)(A)(ii). He contends that the delay in the filing of his appellate brief amounts to structural error. In particular, he argues that his former counsel’s failure to file a brief before the end of his term of imprisonment deprived him of the ability to assert any claim of error that could result in any benefit. We review de novo a question of law regarding whether delay amounts to a constitutional violation of due process, United States v. Antoine, 906 F.2d 1379, 1380 (9th Cir.1990). We affirm.

In general, claims of due process violations resting on appellate delay are evaluated according to four-part test: (1) the length of the delay; (2) the reason for *502 the delay; (3) the defendant’s assertion of his rights on appeal, and (4) whether the defendant was prejudiced by the delay. United States v. Tucker, 8 F.3d 673, 676 (9th Cir.1993) (en banc).

Leyva-Montoya contends that he need not show prejudice, because the delay in his case amounts to structural error affecting the framework of his entire trial process, and that this…