United States of America v. Lucia Ramirez-Vasquez

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The Honorable James M. Moody, Senior United States District Judge**
for the Eastern District of Arkansas, sitting by designation.
The panel unanimously concludes this case is suitable for decision***
without oral argument. See Fed. R. App. P. 34(a)(2). Accordingly, Ramirez-
Vasquez’s motion requesting oral argument is denied.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LUCIA RAMIREZ-VASQUEZ,
Defendant - Appellant.
No. 11-10452
D.C. No. 4:11-cr-00821-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
James M. Moody, District Judge, Presiding**
Submitted January 15, 2013***
Before: SILVERMAN, BEA, and NGUYEN, Circuit Judges.
Lucia Ramirez-Vasquez appeals from the district court’s judgment and
challenges the 60-month sentence imposed following her guilty-plea conviction for
FILED
JAN 16 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10452 2
reentry after deportation, in violation of 8 U.S.C. § 1326. We dismiss.
Ramirez-Vasquez has waived her right to appeal her sentence. She
contends, however, that she did not knowingly and intelligently enter into the plea
agreement because she relied on her counsel’s erroneous prediction as to the length
of her sentence. Because this contention depends on a determination whether
Ramirez-Vasquez’s counsel provided ineffective assistance, we decline to consider
this claim on direct appeal, and the record is insufficiently developed to make this
determination. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir.
2011).
Ramirez-Vasquez asserts no other challenges to the voluntariness of her
waiver. We accordingly dismiss this appeal. See id. at 1260.
The government’s motion to strike portions of the excerpts of record and
opening brief is denied.
DISMISSED.

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