United States v. Uriel Miranda-Oregel

MEMORANDUM

Uriel Miranda-Oregel appeals from the 77-month sentence imposed following his guilty-plea conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Miranda-Oregel contends that the district court erred by not awarding him a two-level reduction for acceptance of responsibility. See U.S.S.G. § 3El.l(a). The district court did not clearly err in finding that Miranda-Oregel had not accepted responsibility for his offense, because the record reflects that he did not demonstrate contrition and that his conduct manifesting acceptance of responsibility was untimely. See U.S.S.G. § 3E1.1 cmt. n. 1(H); United States v. Nielsen, 371 F.3d 574, 582 (9th Cir.2004) (“To receive the two-point downward adjustment, a defendant must at least show contrition or remorse.”).

We decline to consider on direct appeal Miranda-Oregel’s claim of ineffective assistance of counsel, because the record is insufficiently developed and his legal representation was not so inadequate that we can now conclude he obviously was denied his Sixth Amendment right to counsel. See United States v. McKenna,…