Case: 09-50763 Document: 00511222184 Page: 1 Date Filed: 09/01/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
September 1, 2010
No. 09-50763
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALEX LOPEZ-CRUZ,
Also Known as Alex Lopez Cruz, Also Known as Rene Cruz-Lopez,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
No. 1:09-CR-120-4
Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Alex Lopez-Cruz appeals the sentence imposed following his guilty-plea
*
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
Case: 09-50763 Document: 00511222184 Page: 2 Date Filed: 09/01/2010
No. 09-50763
conviction for conspiracy to possess with intent to distribute cocaine. As part of
his plea agreement, Lopez-Cruz waived the right to appeal his sentence except
for “a good faith allegation that it was the result of ineffective assistance of coun-
sel or prosecutorial misconduct.” On appeal, he argues that his counsel was inef-
fective at sentencing for failing to object to the firearm adjustment applied to his
sentence and for failing to bring information about responsibility for the firearm
to the attention of the probation officer.
Because Lopez-Cruz did not raise this issue in district court, the record is
not sufficiently developed for us to review the claim. See United States v.
Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). Accordingly, the judgment is
AFFIRMED.
2