Garcia-Urbano
United States v. Garcia-Urbano
Opinion
Lead Opinion
*526 MEMORANDUM **
Jose Garcia-Urbano appeals his guilty plea conviction and 63-month sentence imposed for being an illegal alien found in the United States following deportation, in violation of 8 U.S.C. § 1326 . Garcia-Urbano’s counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), stating that there are no meritorious issues for review and seeking to withdraw as counsel of record. Garcia-Urbano has not filed a pro se supplemental brief.
In the Anders brief, counsel raises the potential issue of whether he denied Garcia-Urbano effective assistance of counsel by incorrectly estimating the likely sentencing guidelines range. We decline to address this issue because claims of ineffective assistance of counsel are generally inappropriate on direct appeal and should be raised, instead, in a 28 U.S.C. § 2255 proceeding. See United States v. Ross, 206 F.3d 896, 900 (9th Cir.2000) (allowing review only with sufficiently developed record or obviously deficient representation).
Counsel also raises the potential issue of whether Garcia-Urbano’s guilty plea was unknowing and involuntary because counsel misinformed him about the…