Chavez-Torres

MEMORANDUM **

A. Ineffective Assistance of Counsel

Ineffective assistance claims ordinarily should be decided in a collateral proceeding. See United States v. Quintero-Barraza, 78 F.3d 1344, 1347 (9th Cir.1995). We will, however, consider the claim if the facts are adequately presented in the record. Id. We find the record adequately developed to resolve this issue. See id. at 1348-49 (addressing, in direct appeal, claim of ineffective assistance based on counsel’s failure to suppress evidence allegedly obtained in violation of Fourth Amendment).

On the merits, to establish ineffective assistance of counsel, the defendant must show that counsel’s performance was deficient and that the deficient performance prejudiced the defense. Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Under the second prong of this test, to meet the prejudice requirement, “[t]he defendant must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Id. at 694 , 104 S.Ct. 2052 .

We…