FILED
NOT FOR PUBLICATION JUN 17 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-10519
Plaintiff - Appellee, D.C. No. 4:11-cr-00843-CKJ
v.
MEMORANDUM*
EVODIO MORALES-HERNANDEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Lawrence L. Piersol, District Judge, Presiding**
Submitted June 10, 2013***
Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.
Evodio Morales-Hernandez appeals from the district court’s judgment and
challenges his 51-month sentence imposed following his guilty-plea conviction for
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Lawrence L. Piersol, Senior United States District
Judge for the District of South Dakota, sitting by designation.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
reentry after deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction
under 28 U.S.C. § 1291 and we affirm.
Morales-Hernandez contends that his counsel provided ineffective assistance
by failing to cite relevant case law or brief an argument supporting a potential
departure or variance based on the staleness of his criminal history. We decline to
review Morales-Hernandez’s ineffective assistance of counsel claims on direct
appeal because this is not one of the “unusual cases where (1) the record on appeal
is sufficiently developed to permit determination of the issue, or (2) the legal
representation is so inadequate that it obviously denies a defendant his Sixth
Amendment right to counsel.” See United States v. Rahman, 642 F.3d 1157, 1159-
60 (9th Cir. 2011). We therefore leave open the possibility that Morales-
Hernandez might raise an ineffective assistance of counsel claim in collateral
proceedings. See id.
AFFIRMED.
2 11-10519