Bestwina

MEMORANDUM *

Joshua Nathan Bestwina appeals his jury conviction for distribution of methamphetamine and conspiracy to distribute methamphetamine, and the 120-month sentence imposed by the district court. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We decline to address Bestwina’s ineffective assistance of counsel claim, and we affirm the district court’s denial of his motion for a new trial. However, we vacate Bestwina’s sentence and remand for resentencing.

“[A]s a general rule, we do not review challenges to the effectiveness of defense counsel on direct appeal,” and neither exception to this general rule applies here. United States v. Jeronimo, 398 F.3d 1149, 1155 (9th Cir.2005). 1 The record on appeal is not “sufficiently developed to allow determination of the issue,” and the legal representation was not so inadequate that it obviously denied Bestwina his Sixth Amendment right to counsel. Id. at 1156 .

Although it is a close question, we conclude that the district court did not abuse its discretion in denying Bestwina’s motion for a new trial. The evidence of Bestwi- *149 na’s involvement in the conspiracy is not significant, but it is…