United States v. Eve Mazzarella

MEMORANDUM

Eve Mazzarella appeals from her convictions related to a mortgage fraud scheme. She raises challenges including an ineffective assistance of counsel claim, and challenges to evidentiary rulings, jury instructions, and the sufficiency of the evidence supporting several elements of her bank fraud convictions. We have jurisdiction under 28 U.S.C. § 1291 : On the issues covered by this memorandum disposition, we dismiss in part and affirm in part.

1. Ineffective assistance of counsel claims are generally inappropriate on direct appeal. United States v. McKenna, 327 F.3d 830, 845 (9th Cir.2003). We dismiss Mazzarella’s claim because “the record on appeal is [not] sufficiently developed to permit review” and “the legal representation [was not] so inadequate that it obviously” denied Mazzarella her Sixth Amendment right to counsel. Id. (internal quotation marks omitted). The record here does not show how the work of preparing Curt Novy’s testimony was divided among counsel for the three code-fendants, the depth of preparation, the reasons for declining to examine Novy on re-direct, or on what basis, if any, Mazza-rella’s trial counsel relied on codefendants’ counsel to…