United States v. Williams

Good Law
88 F. App'x 194
United States Court of Appeals for the Ninth CircuitFebruary 17, 2004No. 03-30188; D.C. No. CR-01-00126-AKACalifornia821 words

Opinion

Lead Opinion

MEMORANDUM *

Aniee Williams appeals her conviction and sentence for conspiracy and transferring counterfeit obligations in violation of 18 U.S.C. §§ 871 and 473. She claims that her trial counsel rendered ineffective assistance, and that certain sentencing findings were clearly erroneous. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I Ineffective Assistance of Counsel

“Ordinarily, we will not consider an ineffective assistance of counsel claim on direct appeal, because of the need to develop a record as to what counsel did, why it was done, and what, if any, prejudice resulted.” Uni ted States v. Andrews, 75 F.3d 552, 557 (9th Cir.1996) (internal quotation marks and citation omitted); see also United States v. Ross, 206 F.3d 896, 900 (9th Cir.2000). Exceptions to this rule have been carved out when (1) the record on appeal is sufficiently developed to permit review and determination of the issue, United States v. Quintero-Barraza, 78 F.3d 1344, 1347 (9th Cir.1995), or (2) when the legal representation is so inadequate that it obviously denies a defendant his Sixth Amendment right to counsel. United States v. Rewald, 889 F.2d 836, 859 (9th Cir.1989).

In this…

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