Is ineffective assistance a factor in determining a defendant's sentence?

This is not to suggest that sentencing courts are limited to factors relating to a defendant's personal history or to the crime at issue. Such a position was in fact expressly rejected by this court in United States v. Crippen, 961 F.2d 882, 885 (9th Cir. 1992) (holding that a sentencing court may depart for other mitigating or aggravating circumstances unrelated to a defendant's personal history or to the crime in question). But "for a factor to be considered, it must be tied to some penological purpose or legitimate sentencing concern expressed in the Sentencing Reform Act." Id. (emphasis in original). ineffective assistance of counsel is not so expressed.