UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4086
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
VICTOR HUGO VASQUES-GARCIA, a/k/a Victor Hugh Vazquez-
Garcia, a/k/a Santiago Otoniel-Lopez,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. N. Carlton
Tilley, Jr., District Judge. (1:06-cr-00190-NCT)
Submitted: April 24, 2009 Decided: May 6, 2009
Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Frank A. Abrams, Asheville, North Carolina, for Appellant. Anna
Mills Wagoner, United States Attorney, Angela H. Miller,
Assistant United States Attorney, Greensboro, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Victor Vasques-Garcia pleaded guilty to illegal
reentry after deportation following a conviction for an
aggravated felony, in violation of 8 U.S.C. § 1326(a), (b)(2)
(2006), and was sentenced to fifty-seven months of imprisonment.
Finding no error, we affirm.
Vasques-Garcia argues that his counsel rendered
ineffective assistance for failing to move for a sentence below
the advisory guidelines range. However, this claim is not
cognizable on direct appeal because counsel’s ineffectiveness
does not conclusively appear on the face of the record. See
United States v. Baldovinos, 434 F.3d 233, 239 (4th Cir. 2006).
We therefore affirm the judgment. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would
not aid the decisional process.
AFFIRMED
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