Opinion
No. 14-10404
06-25-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MELVIN FLORES-ORTIZ, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 4:14-cr-00399-RCC MEMORANDUM Appeal from the United States District Court for the District of Arizona
Raner C. Collins, Chief Judge, Presiding
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Melvin Flores-Ortiz appeals from the district court's judgment and challenges the 18-month sentence imposed following his guilty-plea conviction for attempted exportation of a firearm and magazines, in violation of 18 U.S.C. § 554. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Flores-Ortiz contends that he received ineffective assistance of counsel because his attorney failed properly to explain his plea deal. Contrary to Flores-Ortiz's contention, the record does not permit us to consider his ineffective assistance argument on direct appeal. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011) (this court reviews ineffective assistance claims on direct appeal only where the record is sufficiently developed or inadequate representation is obvious). Flores-Ortiz may pursue this claim through a motion under 28 U.S.C. § 2255.
AFFIRMED.