United States v. Francisco Ochoa-Anaya ( 2021 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 17 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 20-10402
Plaintiff-Appellee, D.C. No.
1:19-cr-00211-DAD-SKO-1
v.
FRANCISCO JAVIER OCHOA-ANAYA, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of California
Dale A. Drozd, District Judge, Presiding
Submitted September 14, 2021**
Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
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.
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.
2 20-10402