Can a defendant bring a claim of ineffective assistance on appeal?

MultiRegion, United States of America

The following excerpt is from U.S. v. Sanchez-Vera, 69 F.3d 545 (9th Cir. 1995):

This court may consider a defendant's claim on direct appeal where the record sufficiently sets forth the facts giving rise to the claim of ineffective assistance of counsel, or where the assistance is so inadequate that the constitutional violation is obvious. United States v. Vgeri, 51 F.3d 876, 882 (9th Cir.1995). In this case, neither exception applies. We are unable to determine the extent to which counsel attempted to contact the witness or his trial strategy. Nor is it obvious that the representation was unconstitutional. We are therefore precluded from conducting a meaningful review of this claim.

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