Rubin

MEMORANDUM **

Betty Ann Rubin (“Rubin”) appeals from her conviction on one count of conspiracy; eight counts of mail fraud; seven counts of securities fraud; and twenty-one counts of money laundering.

I.

We first address Rubin’s claim that she was denied effective assistance of counsel. “[T]he customary procedure in this Circuit for challenging the effectiveness of defense counsel in a federal criminal trial is by collateral attack on the conviction under 28 U.S.C. § 2255 , and this Court has been chary of analyzing insufficiency of counsel claims on direct appeal.” United States v. Schaflander, 743 F.2d 714, 717 (9th Cir.1984). Such claims can be considered on direct appeal “only where the record is sufficiently developed to permit determination of the issue or where legal representation is so inadequate as to obviously deny [appellant] his Sixth Amendment right to counsel.” United States v. Sager, 227 F.3d 1138, 1149 (9th Cir.2000). We find that there is not sufficient evidence in the record to permit determination of the issue. We accordingly choose not to address this issue on the merits.

II.

We now turn to Rubin’s claim of error with regard to her proposed jury…