US v. Manuel Catalan, No. 13-4123 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4123 UNITED STATES OF AMERICA, Plaintiff Appellee, v. MANUEL BUENFIL CATALAN, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:11-cr-00075-RLV-DCK-1) Submitted: September 9, 2013 Decided: September 17, 2013 Before WILKINSON, NIEMEYER, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Eric J. Foster, LAW OFFICE OF RICK FOSTER, Asheville, North Carolina, for Appellant. Anne M. Tompkins, United States Attorney, William M. Miller, Assistant United States Attorney, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Manuel reentering removed Buenfil the United following a Catalan States pleaded after conviction for guilty having an to illegally previously aggravated violation of 8 U.S.C. ยง 1326(a), (b)(2) (2006). been felony, in The district court sentenced Catalan to forty-six months of imprisonment and he now appeals. Finding no error, we affirm. Catalan argues on appeal that his trial counsel was ineffective for failing to raise several arguments in mitigation at Catalan s sentencing. To prove a claim of ineffective assistance of counsel, a defendant must show (1) that counsel s performance was deficient, and (2) performance prejudiced the defense. 466 U.S. 668, 687 (1984). that the deficient Strickland v. Washington, With respect to the first prong, the defendant must show that counsel s representation fell below an objective standard of reasonableness. Id. at 688. In addition, [j]udicial scrutiny of counsel s performance must be highly deferential. Moreover, Id. at 689. we may address a claim of ineffective assistance on direct appeal only if the lawyer s ineffectiveness conclusively Baldovinos, appears 434 F.3d on 233, the record. 239 (4th United Cir. States 2006). We v. have thoroughly reviewed the record and conclude that Catalan has failed to demonstrate that ineffective 2 assistance of counsel conclusively appears on the record. We therefore decline to address this argument on direct appeal. Accordingly, we affirm the judgment of the district court. legal We dispense with oral argument because the facts and contentions are adequately presented in the materials before this court and argument would not aid in the decisional process. AFFIRMED 3
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