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United States Court of Appeals, Fifth CircuitJun 22, 2011
430 Fed. Appx. 298 (5th Cir. 2011)

No. 10-50705 Summary Calendar.

June 22, 2011.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.

Thomas L. Wright, El Paso, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas, USDC No. 4:10-CR-57-10.

Before DAVIS, SMITH and SOUTHWICK, Circuit Judges.

Eric Daniel Pinon challenges his 97-month sentence for aiding and abetting possession with intent to deliver between 100 and 1000 kilograms of marijuana. He asserts that his trial counsel was ineffective for failing during sentencing to reurge his written objection to the presentence report's recommendation that Pinon be denied a downward adjustment for acceptance of responsibility.

Claims of ineffective assistance of counsel generally "cannot be resolved on direct appeal when [they have] not been raised before the district court since no opportunity existed to develop the record on the merits of the allegations." United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). Because the record before us is not sufficiently developed, we decline to address the issue on direct appeal. See id.

Additionally, Pinon asserts that the district court erred under Rule 32 of the Federal Rules of Criminal Procedure by failing to rule on his written objection. We find no plain error, as the court adopted the presentence report. See United States v. Carrewi, 11 F.3d 1225, 1231 (5th Cir. 1994).