Amaya-Rodriguez

United States v. Amaya-Rodriguez

Good Law
201 F. App'x 495
United States Court of Appeals for the Ninth CircuitSeptember 14, 2006No. 05-50637California240 words

Opinion

Lead Opinion

MEMORANDUM **

Daniel Amaya-Rodriguez appeals from his conviction and 48-month sentence imposed following a guilty plea to being an illegal alien found in the United States after having been deported, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We decline to review Amaya-Rodriguez’s ineffective assistance of counsel claim because such claims are generally inappropriate on direct appeal. See United States v. McKenna, 327 F.3d 830, 845 (9th Cir.2003) (stating that ineffective assistance of counsel is more properly raised on collateral attack under 28 U.S.C. § 2255 , unless the record is sufficiently developed or there is an obvious denial of adequate representation).

Amaya-Rodriguez’s contention regarding Almendarez-Torres v. United States, 523 U.S. 224 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), is foreclosed. See United States v. Weiland, 420 F.3d 1062 , 1079 n. 16 (9th Cir.2005); see also United States v. Beng-Salazar, 452 F.3d 1088, 1091 (9th Cir.2006) (rejecting after Shepard v. United States, 544 U.S. 13 , 125 S.Ct. 1254 , 161 L.Ed.2d 205 (2005), the specific contention *496 that a section 1326(b) enhancement cannot be…

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