USA v. Alex Lopez-Cruz

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USA v. Alex Lopez-Cruz

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Case: 09-50763

Document: 00511222184

Page: 1

Date Filed: 09/01/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-50763 S u m m a r y Calendar September 1, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e , versu s A L E X LOPEZ-CRUZ, Also Known as Alex Lopez Cruz, Also Known as Rene Cruz-Lopez, D e fe n d a n t -A p p e lla n t .

A p p e a l from the United States District Court fo r the Western District of Texas N o . 1:09-CR-120-4

B e fo r e DAVIS, SMITH, and SOUTHWICK, Circuit Judges. P E R CURIAM:*

A le x 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

*

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Case: 09-50763

Document: 00511222184 Page: 2 No. 09-50763

Date Filed: 09/01/2010

c o n v ic t io n for conspiracy to possess with intent to distribute cocaine. As part of h is plea agreement, Lopez-Cruz waived the right to appeal his sentence except fo r "a good faith allegation that it was the result of ineffective assistance of couns e l or prosecutorial misconduct." On appeal, he argues that his counsel was ineffe c t iv e at sentencing for failing to object to the firearm adjustment applied to his s e n te n c e and for failing to bring information about responsibility for the firearm t o the attention of the probation officer. Because Lopez-Cruz did not raise this issue in district court, the record is n o t sufficiently developed for us to review the claim. See United States v. C a n tw e ll, 470 F.3d 1087, 1091 (5th Cir. 2006). Accordingly, the judgment is A F F IR M E D .

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