United States v. Vasques-Garcia

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 6, 2009
• Docket: 07-4086
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-4086

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

VICTOR HUGO VASQUES-GARCIA, a/k/a Victor Hugh Vazquez- Garcia, a/k/a Santiago Otoniel-Lopez,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., District Judge. (1:06-cr-00190-NCT)

Submitted: April 24, 2009 Decided: May 6, 2009

Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Frank A. Abrams, Asheville, North Carolina, for Appellant. Anna Mills Wagoner, United States Attorney, Angela H. Miller, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Victor Vasques-Garcia pleaded guilty to illegal

reentry after deportation following a conviction for an

aggravated felony, in violation of 8 U.S.C. § 1326(a), (b)(2)

(2006), and was sentenced to fifty-seven months of imprisonment.

Finding no error, we affirm.

Vasques-Garcia argues that his counsel rendered

ineffective assistance for failing to move for a sentence below

the advisory guidelines range. However, this claim is not

cognizable on direct appeal because counsel’s ineffectiveness

does not conclusively appear on the face of the record. See

United States v. Baldovinos, 434 F.3d 233, 239 (4th Cir. 2006).

We therefore affirm the judgment. We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would

not aid the decisional process.

AFFIRMED