U.S. Court of Appeals for the Ninth Circuit, 2015

United States v. Melvin Flores-Ortiz

United States v. Melvin Flores-Ortiz
U.S. Court of Appeals for the Ninth Circuit · Decided June 25, 2015 · Hawkins, Graber, Fletcher
608 F. App'x 449

United States v. Melvin Flores-Ortiz

Opinion

MEMORANDUM **

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.

**

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.