USA v. Edwin Martinez-Lopez, No. 13-40725 (5th Cir. 2014)
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Case: 13-40725 Document: 00512686702 Page: 1 Date Filed: 07/03/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40725 Summary Calendar United States Court of Appeals Fifth Circuit FILED July 3, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EDWIN IDONIS MARTINEZ-LOPEZ, also known as Edwin Idonis ManuelesValledares, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:13-CR-12-1 Before DeMOSS, OWEN, and GRAVES, Circuit Judges. PER CURIAM: * Edwin Idonis Martinez-Lopez appeals his guilty plea conviction for being an alien unlawfully found in the United States after deportation. He argues for the first time on appeal that counsel was ineffective at sentencing. Although Martinez-Lopez s plea agreement contained an appeal waiver provision, we are unable to determine whether he knowingly and voluntarily 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 13-40725 Document: 00512686702 Page: 2 Date Filed: 07/03/2014 No. 13-40725 waived his appellate rights because the record on appeal does not contain the rearraignment transcript. We pretermit consideration of the effect of the appeal waiver in this case because we would not reach the merits of the ineffective assistance claim in any event as the record is not sufficiently developed to allow us to evaluate counsel s actions. See United States v. Story, 439 F.3d 226, 230-31 (5th Cir. 2006); see also United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). Martinez-Lopez also argues that there is a clerical error in the judgment because it references both 8 U.S.C. § 1326(a) and (b)(1). See FED. R. CRIM. P. 36. There is no error as Martinez-Lopez was indicted for and in fact pleaded guilty to violating § 1326(a) and (b)(1). AFFIRMED. 2
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