Estrada

United States v. Estrada

Good Law
17 F. App'x 671
United States Court of Appeals for the Ninth CircuitAugust 29, 2001No. 00-50434; D.C. No. CR-98-0025-RTCalifornia285 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Jose Alfredo Estrada (“Estrada”) appeals his 120-month sentence. We dismiss his appeal.

Estrada contends that he received ineffective assistance of counsel at sentencing because his attorney suffered from an actual conflict of interest. Estrada claims that but for the conflict, he would have received a significant reduction in sentence. The government responds that Estrada is barred from bringing this appeal because Estrada waived his right to appeal his sentence in his plea agreement.

*672 An examination of the plea agreement shows that Estrada waived his right to directly appeal his sentence. Estrada does not allege that his attorney’s alleged conflict of interest adversely affected his decision to plead guilty, or otherwise resulted in an unknowing and involuntary waiver of his right to appeal. See United States v. Mett, 65 F.3d 1531, 1534 (9th Cir.1995) (stating that the alleged conflict of interest must “adversely affect[ ] ... lawyer’s performance”). Estrada’s plea agreement, therefore, is valid and his appeal waiver enforceable. See United States v. Petty, 80 F.3d 1384, 1386-87 (9th Cir.1996).

By entering into the valid plea agreement, Estrada…

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