MEMORANDUM **

Adam Sortini (“Sortini”) was convicted of 17 counts of mail fraud, and one count of health care fraud. He moved for a new trial, arguing his attorney was ineffective in both pretrial preparation and at trial. He appeals the district court’s denial of that motion.

This case does not present a record regarding trial preparation that is sufficiently developed for us to decide whether Sortini’s attorney rendered ineffective pretrial assistance. See United States v. Sager, 227 F.3d 1138, 1149 (9th Cir. 2000).

*101 With regard to trial performance, the evidence against Sortini was so overwhelming that he cannot show that counsel’s performance could have prejudiced him. See, e.g., Allen v. Woodford, 395 F.3d 979, 1002 (9th Cir. 2005). Because Sortini is required to show both deficient performance and prejudice in order to prevail on his ineffective assistance claim, this shortcoming is fatal. See Strickland v. Washington, 466 U.S. 668, 697, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

AFFIRMED.