United States v. Hector Soto Hernandez

TACHA, Circuit Judge.

Hector Soto Hernandez was convicted of two counts each of possession with intent to distribute and distribution of heroin in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B) and 18 U.S.C. § 2. Soto argues that he was denied his sixth amendment right to effective assistance of counsel and he seeks a new trial on this ground. The district court denied the defendant’s new trial motion. We affirm.

Soto was arrested on November 10,1985, and charged in New Mexico state court with trafficking in heroin and conspiracy. After Soto’s arrest, he was informed that he was not eligible…