Opinion
20-10402
09-17-2021
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. FRANCISCO JAVIER OCHOA-ANAYA, Defendant-Appellant.
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Appeal from the United States District Court for the Eastern District of California Dale A. Drozd, District Judge, Presiding D.C. No. 1:19-cr-00211-DAD-SKO-1
Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Ochoa-Anaya's request for oral argument is, therefore, denied.
Francisco Javier Ochoa-Anaya appeals from the district court's judgment and challenges the 312-month sentence imposed following his guilty-plea conviction for conspiracy to distribute a controlled substance, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846, and possession of firearms in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Ochoa-Anaya contends that his counsel rendered ineffective assistance by failing to challenge adequately his two-level Guidelines enhancement for using a personal relationship to involve another person in drug trafficking, pursuant to U.S.S.G. § 2D1.1(b)(16)(A). We decline to consider this claim on direct appeal because the record is insufficiently developed and it is not obvious that Ochoa-Anaya was denied his Sixth Amendment right to counsel. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011). Ochoa-Anaya may raise this claim in a 28 U.S.C. § 2255 proceeding. See id. at 1260.
AFFIRMED.