Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
UNITED STATES of America, Plaintiff-Appellee, v. John Henry SCHNEIDER, Defendant-Appellant.
MEMORANDUM **
John Henry Schneider appeals from the district court’s judgment and challenges the 24-month sentence imposed following his guilty-plea conviction for concealment of bankruptcy assets, in violation of 18 U.S.C. § 152(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Schneider argues that trial counsel was constitutionally ineffective at sentencing for failing to object to (1) the loss calculation under U.S.S.G. § 2B1.1; (2) the introduction and content of victim impact statements; and (3) the district court’s alleged failure to properly consider and weigh the 18 U.S.C. § 3553(a) sentencing factors. We decline to address these claims on direct appeal because the record is insufficiently developed to permit determination of the issues, and Schneider’s legal representation was not so inadequate that it obviously denied him his Sixth Amendment right to counsel. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011).
We decline to reach Schneider’s additional claims because he did not specifically and distinctly raise and argue those issues in his opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 18-30187
Decided: July 17, 2019
Court: United States Court of Appeals, Ninth Circuit.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)