Opinion
No. 10-10279.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed February 22, 2011.
Christina Brown, Assistant U.S., Robert Lawrence Ellman, Esquire, Assistant U.S., Office of the U.S. Attorney, Las Vegas, NV, for Plaintiff-Appellee.
David J. Farnham, The Farnham Law Firm, Roswell, GA, Linda S. Sheffield, Linda S. Sheffield Attorney at Law, Atlanta, GA, Bret O. Whipple, Esquire, Counsel, Law Office of Bret Whipple, Las Vegas, NV, for Defendant-Appellant.
Casey Luczak, Roswell, GA, pro se.
Appeal from the United States District Court for the District of Nevada, Philip M. Pro, District Judge, Presiding. D.C. No. 2:08-cr-00161-PMP.
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Casey Luczak appeals from the 121-month sentence imposed following his guilty-plea conviction for wire fraud, in violation of 18 U.S.C. § 1343, and making a false statement, in violation of 18 U.S.C. § 1001. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Luczak contends that trial counsel was ineffective. As a general rule, this court does not review claims of ineffective assistance of counsel on direct appeal. See United States v. Benford, 574 F.3d 1228, 1231 (9th Cir. 2009). Luczak has not demonstrated that this is an "unusual case" justifying consideration of this contention on direct appeal. See id.
Luczak also contends that the district court erred by applying a two-level enhancement for use of "sophisticated means" pursuant U.S.S.G. § 2Bl.l(b)(8)(C) (2002). The district court did not err because Luczak's scheme involved "especially complex or especially intricate offense conduct" in its "execution or concealment." U.S.S.G. § 2B1.1 app. n. 6(B) (2002).
Luczak further contends that the district court failed to consider his gambling addiction when it imposed his sentence and that his sentence is substantively unreasonable. The record reflects that the district court did not procedurally err, see United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc), and that, under the totality of the circumstances, the sentence at the bottom of the guidelines range is substatively reasonble. see Gall v. united states, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); see also carty, 520 F.3d at 993.