USA v. Fayad Bassam Azzam, No. 12-12642 (11th Cir. 2013)
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Case: 12-12642 Date Filed: 05/14/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-12642 Non-Argument Calendar ________________________ D.C. Docket No. 1:11-cr-00325-CG-B-2 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FAYAD BASSAM AZZAM, Defendant-Appellant, JULIA BEATRIZ CASTRO, Defendant. ________________________ Appeal from the United States District Court for the Southern District of Alabama ________________________ (May 14, 2013) Case: 12-12642 Date Filed: 05/14/2013 Page: 2 of 2 Before: PRYOR, MARTIN and FAY, Circuit Judges. PER CURIAM: Fayad Bassam Azzam appeals his convictions for conspiring to marry to evade immigration laws, 18 U.S.C. § 371, and marrying to evade the immigration laws, 8 U.S.C. § 1325(c). Azzam argues that his trial counsel was ineffective for waiting until after trial to investigate potential witnesses and obtain documents and introducing the evidence belatedly in support of Azzam s motion for a new trial. Because the district court did not consider this argument and develop a record regarding the performance of trial counsel, we decline to consider Azzam s claim of ineffective assistance for the first time on direct appeal. See United States v. Bender, 290 F.3d 1279, 1284 (11th Cir. 2002). Azzam can present his argument in a postconviction motion. 28 U.S.C. § 2255. We AFFIRM Azzam s convictions. 2
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