Mondragon-Martell

United States v. Mondragon-Martell

Good Law
276 F. App'x 605
United States Court of Appeals for the Ninth CircuitMay 1, 2008No. 07-10224California330 words

Opinion

Lead Opinion

MEMORANDUM *

Cesar Mondragon-Martell (“Mondragon-Martell”) appeals his conviction and sentence for illegal re-entry after deportation. He argues his counsel was so ineffective at trial that it deprived him of his Sixth Amendment right to counsel, and that the district court improperly admitted evidence of his past conviction for illegal re-entry after deportation. He also claims the Government did not present sufficient evidence to prove he was deported. Finally, he argues that, given his health issues, his prison sentence is excessive.

We only review challenges to the effectiveness of defense counsel on direct appeal where the record is sufficiently developed, or where the counsel’s performance was so inadequate that the defendant was effectively denied his right to counsel. United States v. Jeronimo, 398 F.3d 1149, 1155-56 (9th Cir.2005). Neither situation is present here. Accordingly, we decline to review this claim.

We also conclude that the district court did not err in admitting the evidence of his previous conviction of illegal re-entry after deportation. His argument fails here because the Government properly used this evidence to corroborate his admissions of his…

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