United States of America, Plaintiff-appellee, v. Gilberto Romas-miranda, Defendant-appellant, 103 F.3d 143 (9th Cir. 1996)

MEMORANDUM^** 

Gilberto Romas-Miranda appeals his 70-month sentence following a guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. §§ 1326(a), (b) (1) and (b) (2). Romas-Miranda contends that his trial counsel rendered ineffective assistance by: (1) failing to move for a downward departure based on unusual mitigating circumstances and in order to avoid disparity in sentencing; and (2) failing to object to the calculation of his criminal history points and criminal history category.

"Ineffective assistance of counsel claims are not ordinarily reviewed on direct appeal." United States v. Vgeri, 51 F.3d 876, 878 (9th Cir. 1995). Such claims are more appropriately addressed in habeas corpus proceedings unless "the record is sufficiently developed to permit the reviewing court to resolve the issue, or when assistance is so inadequate that it obviously interferes with a defendant's Sixth Amendment right to counsel." Id.; see also United States v. Daly, 974 F.2d 1215, 1218 (9th Cir. 1992) (per curiam). Neither of these circumstances exists here.

AFFIRMED.