Quiroz-Madriz
United States v. Quiroz-Madriz
Opinion
Lead Opinion
*261 MEMORANDUM **
Armando Quiroz-Madriz appeals his conviction and 46-month sentence imposed following his guilty plea to illegal reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Quiroz-Madriz contends that his guilty plea was not knowing and voluntary because his counsel was ineffective for failing to advise him of a possible defense based on the reasoning of United States v. Pacheco-Medina, 212 F.3d 1162 (9th Cir. 2000). We disagree with the government’s suggestion that Quiroz-Madriz’ appeal waiver precludes review of this claim. See United States v. Pruitt, 32 F.3d 431, 433 (9th Cir.1994) (‘We doubt that a plea agreement could waive a claim of ineffective assistance of counsel based on counsel’s erroneously unprofessional inducement of the defendant to plead guilty or accept a particular plea bargain.”).
Nevertheless, we do agree with the government that the issue is more properly raised in a collateral proceeding where there is an opportunity to fully develop the record. See United States v. Hanoum, 33 F.3d 1128, 1131-32 (9th Cir.1994) (observing that an ineffective assistance claim is more…