USA v. Daniel Araya, No. 08-50447 (9th Cir. 2011)

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FILED APR 11 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 08-50447 D.C. No. 5:04-cr-00067-SGL v. MEMORANDUM * DANIEL BEKELE ARAYA, a.k.a. SEAL A, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Stephen G. Larson, District Judge, Presiding Submitted April 5, 2011 ** Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges. Daniel Bekele Araya appeals from the 42-month sentence imposed following his guilty-plea conviction for trafficking in contraband cigarettes, in violation of 18 U.S.C. § 2342(a), and smuggling goods into the United States, in * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). violation of 18 U.S.C. § 545. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Araya contends that counsel was ineffective for failing to inform the government of his intent to plead guilty in a timely manner. We decline to address this claim on direct appeal as the record is insufficiently developed, and Araya s legal representation was not so inadequate that it obviously denied him his Sixth Amendment right to counsel. See United States v. Ross, 206 F.3d 896, 900 (9th Cir. 2000). AFFIRMED. 2 08-50447

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