United States v. Jeremy Gilbert ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 21 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 22-30082
Plaintiff-Appellee, D.C. No. 2:20-cr-00154-RMP-1
v.
JEREMY JOHN GILBERT, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Rosanna Malouf Peterson, District Judge, Presiding
Submitted March 14, 2023**
Before: SILVERMAN, SUNG, and SANCHEZ, Circuit Judges.
Jeremy John Gilbert appeals from the district court’s judgment and
challenges his guilty-plea conviction and 187-month sentence for possession with
intent to distribute 50 grams or more of methamphetamine, in violation of 21
U.S.C. §§ 841(a)(1), (b)(1)(B)(viii). We have jurisdiction under 28 U.S.C. § 1291,
*
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).
and we dismiss.
Gilbert contends that he received ineffective assistance of counsel because
his counsel induced him to plead guilty by providing inaccurate information
regarding the sentence he would receive. We agree with the government that this
claim is not amenable to review on direct appeal. See United States v. Rahman,
642 F.3d 1257, 1259-60 (9th Cir. 2011) (holding that ineffective assistance of
counsel claims may be considered on direct appeal “only in the unusual cases
where (1) the record on appeal is sufficiently developed to permit determination of
the issue, or (2) the legal representation is so inadequate that it obviously denies a
defendant his Sixth Amendment right to counsel”). We further agree with the
government that Gilbert otherwise waived his right to appeal his sentence. We,
therefore, dismiss the appeal. See id. at 1260.
DISMISSED.
2 22-30082