United States v. Compean-Portales

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 23, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-20309
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARTIN COMPEAN-PORTALES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-790-ALL
--------------------
Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Martin Compean-Portales (Compean) appeals his conviction and
the sentence he received after he pleaded guilty to reentry into
the United States after having been convicted of an aggravated
felony. Compean argues that he received the ineffective
assistance of counsel. Because the record is insufficiently
developed to permit this court to fairly evaluate his claim on
direct appeal, we decline to resolve the issue. United States v.
Haese, 162 F.3d 359, 363 (5th Cir. 1998). We do so without

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No. 02-20309
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prejudice, so that Compean retains the right to dispute his
counsel’s effectiveness collaterally. United States v. Palmer,
122 F.3d 215, 221-22 (5th Cir. 1997).
AFFIRMED.

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