Case: 15-50222 Document: 00513308192 Page: 1 Date Filed: 12/15/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-50222 FILED
Summary Calendar December 15, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
v.
MIGUEL DURAN-ARIAS,
Defendant–Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:14-CR-2040-1
Before KING, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Miguel Duran-Arias appeals the 37-month sentence imposed following
his guilty plea conviction of illegal reentry. Duran-Arias argues that his
attorney performed ineffectively at sentencing by failing to present the real
reason Duran-Arias illegally reentered the United States and by failing to
object at sentencing. Because the record is not sufficiently developed to allow
for a fair consideration of these claims, we decline to consider them on direct
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-50222 Document: 00513308192 Page: 2 Date Filed: 12/15/2015
No. 15-50222
appeal without prejudice to any right Duran-Arias has to raise them on
collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir.), cert.
denied, 135 S. Ct. 123 (2014).
AFFIRMED.
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