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United States v. Sanders
Citation: 167 F. App'x 594Docket: No. 05-35151
Court: Court of Appeals for the Ninth Circuit; February 15, 2006; Federal Appellate Court
Joseph Lee Sanders appeals the district court's denial of his 28 U.S.C. § 2255 motion, which claims sentencing enhancements violated his Sixth Amendment rights and involved ineffective assistance of counsel. The court affirms the district court’s decision, citing jurisdiction under 28 U.S.C. § 2253. Sanders' appeal waiver, which he signed knowingly and voluntarily during his plea process, includes the right to appeal or challenge under § 2255, barring ineffective assistance claims. The waiver is enforceable, preventing the court from reviewing Sanders' arguments based on Blakely v. Washington and United States v. Booker, which he contended should apply to his case. Additionally, Sanders' ineffective assistance claim regarding his counsel's failure to raise a Blakely/Booker argument at sentencing is rejected based on the Strickland v. Washington standard. The memorandum concludes with a note that this disposition is not suitable for publication and cannot be cited in this circuit except under specific rules.