Tran

United States v. Tran

Good Law
30 F. App'x 715
United States Court of Appeals for the Ninth CircuitJanuary 31, 2002No. 00-10430; D.C. No. CR-95-00151-DAECalifornia486 words

Opinion

Lead Opinion

MEMORANDUM *

Khang Kien Tran appeals his sentence of 360 months’ imprisonment, followed by 5 years of supervised release, for distributing methamphetamine and being a felon in possession of a firearm. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Tran was charged in a five-count indictment with committing various drug offenses. He entered into a plea agreement with the government and pleaded guilty to two counts of the indictment.

In the plea agreement, Tran waived his right to appeal any sentence within the sentencing guideline range as determined by the district court. Tran retained his right to collaterally attack his sentence on the ground of ineffective assistance of counsel. At Tran’s sentencing hearing, the district court mistakenly told him that he had the right to a direct appeal on that ground.

Tran argues his sentence should be vacated due to ineffective assistance of counsel. He also argues his plea agreement, which led to the sentence he received, is unenforceable due to breach by the gov *716 ernment. Finally, he contends the district court erred in calculating his applicable sentencing guideline range.

Both parties invite us to address, in this…

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