Perez-Elenes
United States v. Perez-Elenes
Opinion
Lead Opinion
MEMORANDUM **
Jose Iberon Perez-Elenes appeals the 135-month sentence imposed following his guilty-plea conviction to conspiracy to distribute 500 grams or more of methamphetamine, in violation of 21 U.S.C. § 846 . We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 . We affirm.
Elenes’ sole contention on appeal is that his trial counsel was constitutionally ineffective for failing to request a minor role adjustment at sentencing. Because the record is insufficiently developed, we decline to consider this claim on direct appeal. See United, States v. Reyes-Platero, 224 F.3d 1112, 1116 (9th Cir.2000) (“Ineffective assistance of counsel arguments are ordinarily inappropriate for direct review and should be brought in habeas corpus proceedings pursuant to 28 U.S.C. § 2255 . The rationale for this rule is that such a claim cannot be advanced without the development of facts outside the original record; that is, trial court proceedings are usually necessary to develop a record as to what counsel did, why it was done, and what, if any, prejudice resulted.”) (internal quotation marks and citations omitted).