Montano-Calzada

MEMORANDUM **

Abelardo Montano-Calzada appeals from the sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute approximately 249.7 kilos of marijuana, in violation of 21 U.S.C. §§ 846 , 841(a)(1) and 841(b)(l)(B)(vii), and possession with intent to distribute approximately 249.7 kilos of marijuana, in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(l)(B)(vii). We have jurisdiction under 28 U.S.C. § 1291 .

Montano-Calzada’s contention that his Sixth Amendment rights were violated lacks merit. By admitting he was part of a conspiracy, Montano-Calzada foreclosed any contention that he and his co-conspirators were engaging in separate criminal activities. Cf. United States v. Palafox-Mazon, 198 F.3d 1182, 1185 (9th Cir.2000) (dividing the drug quantity for sentencing purposes among different drug smuggling participants, where the defendant had not admitted to being part of a conspiracy).

We also conclude that Montano-Calzada has not shown that his attorney rendered ineffective assistance of counsel. Even assuming that his counsel’s performance was somehow deficient, there was no prejudice as Montano-Calzada’s guilty plea…