United States of America v. Melvin Flores-Ortiz

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MELVIN FLORES-ORTIZ,
Defendant - Appellant.
No. 14-10404
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
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
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.
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUN 25 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-10404
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.

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