Torres-Ortiz

MEMORANDUM **

Leonardo Torres-Ortiz appeals his conviction and resulting 188-month sentence for possession and conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

We decline to address Torres-Ortiz’s claim of ineffective assistance of counsel, because it cannot be advanced without development of facts outside record. See United States v. Hanoum, 38 F.3d 1128, 1131-32 (9th Cir.1994).

Torres-Ortiz claims he was entitled to a downward departure based on the conditions of his pre-conviction housing. We find no merit in this argument.

Torres-Ortiz next contends the district court erred by denying a two-point reduction for acceptance of responsibility. We find no clear error in the district court’s determination that Torres-Ortiz had not met his burden of manifesting a genuine acceptance of responsibility for his actions. See United States v. Cortes, 299 F.3d 1030, 1037-38 (9th Cir.2002), cert. denied, — U.S. -, 123 S.Ct. 1333 , 154 L.Ed.2d 1084 (2003).

Torres-Ortiz also claims the district court should have calculated his sentence based on the…