United States v. Dennis Hampton

24 F.3d 250 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Dennis HAMPTON, Defendant-Appellant. No. 93-30163. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 1994. Decided April 26, 1994. Before: WRIGHT, TANG and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 A jury convicted Hampton of 25 counts of mail and wire fraud arising from a telemarketing scheme. On this direct appeal the only claims before us relate to ineffective assistance. We decline to decide these claims. 3 "Ineffective assistance claims are ordinarily reviewed only in collateral proceedings [under 28 U.S.C. Sec. 2255 ] because such claims usually cannot be resolved without the development of facts outside the original record." United States v. Sitton, 968 F.2d 947, 960 (9th Cir.1992) (citations omitted), cert. denied, 113 S.Ct. 1306 (1993). These claims may be reviewed on direct appeal in two instances: "1) when the record on appeal…