U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. Nilesh Kumar

United States v. Nilesh Kumar
U.S. Court of Appeals for the Ninth Circuit · Decided June 24, 2013 · Tallman, Smith, Hurwitz
532 F. App'x 656

United States v. Nilesh Kumar

Opinion

MEMORANDUM **

Nilesh Bharatkumar Kumar appeals from the district court’s judgment and challenges his guilty-plea conviction for conspiracy to use and possess counterfeit access devices, in violation of 18 U.S.C. § 1029(b)(2). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Kumar contends that his guilty plea was not knowing and voluntary because he received ineffective assistance from trial counsel, who failed properly to advise him about the immigration consequences of his guilty plea. “Claims of ineffective assistance of counsel are generally inappropriate on direct appeal.” See United States v. McKenna, 327 F.3d 830, 845 (9th Cir. 2003). Contrary to Kumar’s contention, the record on appeal is not sufficiently developed to evaluate the effectiveness of trial counsel. See id.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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