United States v. Melvin Flores-Ortiz

MEMORANDUM

Melvin Flores-Ortiz appeals from the district court’s judgment and challenges the 18-month sentence imposed following his guilty-plea conviction for attempted exportation of a firearm and magazines, in violation of 18 U.S.C. § 554 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Flores-Ortiz contends that he received ineffective assistance of counsel because his attorney failed properly to explain his plea deal. Contrary to Flores-Ortiz’s contention, the record does not permit us to consider his ineffective assistance argument on direct appeal. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir.2011) (this court reviews ineffective assistance claims on direct appeal only where the record is sufficiently developed or inadequate representation is obvious). Flores-Ortiz may pursue this claim through a motion under 28 U.S.C. § 2255 .

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.