United States v. Compean-Portales

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 23, 2003 Charles R. Fulbruge III Clerk No. 02-20309 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARTIN COMPEAN-PORTALES, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CR-790-ALL -------------------- Before DAVIS, BARKSDALE, and STEWART, Circuit Judges. PER CURIAM:* Martin Compean-Portales (Compean) appeals his conviction and the sentence he received after he pleaded guilty to reentry into the United States after having been convicted of an aggravated felony. Compean argues that he received the ineffective assistance of counsel. Because the record is insufficiently developed to permit this court to fairly evaluate his claim on direct appeal, we decline to resolve the issue. United States v. Haese, 162 F.3d 359, 363 (5th Cir. 1998). We do so without * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 02-20309 -2- prejudice, so that Compean retains the right to dispute his counsel’s effectiveness collaterally. United States v. Palmer, 122 F.3d 215, 221-22 (5th Cir. 1997). AFFIRMED.