Zuniga-Leon

MEMORANDUM **

Jose Israel Zuniga-Leon appeals from the 70-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 pursuant to 28 U.S.C. § 1291 , and we affirm.

We reject Zuniga-Leon’s contention that the district court did not comply with Federal Rule of Criminal Procedure 32(i)(3) (“Rule 32”) when it declined to consider alleged delay in prosecution as a factor at sentencing. We disagree and conclude that the district court complied with Rule 32. See United States v. Ingham, 486 F.3d 1068, 1073-75 (9th Cir.2007).

We further conclude that the record is sufficiently developed to allow us to consider and to reject Zuniga-Leon’s ineffective assistance of counsel claim on direct appeal. See United States v. Labrada-Bustamante, 428 F.3d 1252, 1260-61 (9th Cir.2005). Zuniga-Leon contends that his counsel was ineffective for failing to request a continuance to obtain more information regarding the alleged delay in prosecution. Because the district court expressly declined to consider the alleged delay as a factor at sentencing, ZunigaLeon cannot show a reasonable…