Landry

United States v. Landry

Good Law
181 F. App'x 678
United States Court of Appeals for the Ninth CircuitMay 22, 2006No. 03-30080California631 words

Opinion

Lead Opinion

MEMORANDUM **

Dante Landry was convicted, on a plea of guilty, of drug trafficking in violation of 21 U.S.C. § 841 (b)(1). He now appeals the judgment and sentence of imprisonment for a 330-month term. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We affirm the conviction, but remand the sentence pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).

Landry’s principal claim is that he received ineffective assistance of counsel in the plea bargaining stage, rendering the *680 plea agreement upon which his conviction and sentence rest involuntary and unknowing. We have repeatedly held that claims of ineffective assistance of counsel are properly raised in habeas corpus proceedings rather than on direct appeal. See, e.g., United States v. Reyes-Platero, 224 F.3d 1112, 1113 , amending on denial of rehearing 218 F.3d 1001 (9th Cir.2000); United States v. Molina, 934 F.2d 1440, 1446 (9th Cir.1991); United States v. Schaflander, 743 F.2d 714, 717 (9th Cir.1984). Such claims may be reviewed on direct appeal only when “the record on appeal is sufficiently developed to permit review and determination of the issue” or “the legal…

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