Freitas

United States v. Freitas

Good Law
40 F. App'x 606
United States Court of Appeals for the Ninth CircuitJuly 1, 2002No. 01-10225; D.C. No. CR 00-0374 SOMCalifornia265 words

Opinion

Lead Opinion

MEMORANDUM *

Earl Freitas appeals the sentence imposed by the district court following his guilty plea to a two-count indictment alleging possession with intent to distribute cocaine and conspiracy to possess with intent to distribute cocaine. Freitas chal *607 lenges the district court’s drug quantity finding and also claims ineffective assistance of counsel. We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we affirm the district court.

The district court’s drug quantity finding was not clearly erroneous. See United States v. Castro-Hemandez, 258 F.3d 1057, 1059 (9th Cir.2001) (stating that the district court’s factual findings are reviewed for clear error), cert. denied , — , U.S. -, 122 S.Ct. 1185 , 152 L.Ed.2d 126 (2002). Freitas’ admission that he had been dealing cocaine for approximately three years provided a date early enough to support the quantity determination made by the district court. 1 We do not address Freitas’ ineffective assistance claim, which is “ordinarily left for collateral habeas proceedings due to the lack of a sufficient evidentiary record as to ‘what counsel did, why it was done, and what, if any, prejudice resulted.’ ”…

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