FILED
NOT FOR PUBLICATION OCT 5 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-10372
Plaintiff - Appellee, D.C. No. 1:07-cr-00058-LJO
v.
MEMORANDUM *
JOSE ESQUIVEL MENDEZ, a.k.a.
Alberto Perez-Lopez,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted September 27, 2011 **
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Jose Esquivel Mendez appeals from his jury-trial conviction for various drug
offenses and avoidance of examination by immigration officers. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Esquivel Mendez contends that his trial counsel provided ineffective
assistance. Specifically, he contends that counsel failed to argue for the
admissibility of testimony under either Fed. R. Evid. 803(3) or Mutual Life Ins. Co.
v. Hillmon, 145 U.S. 285 (1892), and that counsel failed to “preserve” the
government’s plea offer or determine when it expired. We decline to review this
claim on direct appeal because there is neither a sufficiently developed record, nor
evidence of such obvious denial of adequate representation, to warrant departure
from the rule that claims of ineffective assistance are generally inappropriate on
direct appeal and should be raised in habeas corpus proceedings. See United States
v. McKenna, 327 F.3d 830, 845 (9th Cir. 2003).
AFFIRMED.
2 09-10372