Eduardo Amezcue v. J. Tim Ochoa

MEMORANDUM ***

Eduardo Amezeue petitions this court for a writ of habeas corpus, claiming that (1) his thirteen-year sentence, to which he stipulated in a plea agreement, violated his Sixth Amendment rights under Apprendi v. New Jersey, 580 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) and Cunningham v. California, 549 U.S. 270, 127 S.Ct. 856, 166 L.Ed.2d 856 (2007), and (2) his counsel was ineffective by failing to inform Amezeue of his Cunningham rights and failing to object to the “illegal” thirteen-year sentence. We reject both claims.

Amezeue had a choice between (a) going to trial on…