Sheakley

United States v. Sheakley

Good Law
145 F. App'x 205
United States Court of Appeals for the Ninth CircuitAugust 12, 2005No. 04-30259California835 words

Opinion

Lead Opinion

MEMORANDUM **

Richard Sheakley appeals his conviction and sentence for conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C). He argues that (1) he received ineffective assistance of trial counsel; that the district court erred in (2) denying his motion to suppress, (3) admitting a photograph into evidence, and (4) giving an improper in *207 straction to the jury; and that (5) he was sentenced in violation of Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2581 , 159 L.Ed.2d 403 (2004), and its progeny. We affirm his conviction and grant a “limited remand” of his sentence pursuant to United States v. Moreno-Hernandez, 397 F.3d 1248 (9th Cir.), amended by 2005 WL 1560269 (9th Cir. July 5, 2005). Because the parties are familiar with the facts, we refer to them only as necessary for our decision.

1. We decline to review Sheakley’s ineffective assistance of counsel claims. Such claims are generally inappropriate on direct appeal. United States v. Ross, 206 F.3d 896, 900 (9th Cir.2000). Here, the record is not sufficiently developed to permit resolution of his claims, and his representation was not so inadequate that he was…

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