United States v. Altman ( 2021 )

Case: 20-10627 Document: 00515892897 Page: 1 Date Filed: 06/09/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 9, 2021
No. 20-10627
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Ryder Shane Altman,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:19-CR-72-1
Before Clement, Higginson, and Engelhardt, Circuit Judges.
Per Curiam:*
Ryder Shane Altman pleaded guilty, pursuant to a plea agreement, to
distribution of child pornography and was sentenced to 192 months of
imprisonment, to be served consecutively to Altman’s anticipated probation
revocation for a prior state court pornography conviction. He argues on
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-10627 Document: 00515892897 Page: 2 Date Filed: 06/09/2021
No. 20-10627
appeal that his trial counsel rendered ineffective assistance by failing to object
to the presentence report’s reference to application note 4(C) to U.S.S.G.
§ 5G1.3. He further contends that the district court abused its discretion in
not granting his motion to continue his sentencing hearing so that he could
obtain a mitigation expert.
The record is not sufficiently developed to allow us to make a fair
evaluation of Altman’s claim of ineffective assistance of counsel; we
therefore decline to consider the claim without prejudice to collateral review.
See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). Altman’s appeal
waiver, which the Government invokes, bars his challenge to the denial of his
motion for a continuance. See United States v. Story, 439 F.3d 226, 231 (5th
Cir. 2006); United States v. Bond, 414 F.3d 542, 544 (5th Cir. 2005).
Accordingly, the judgment of the district court is AFFIRMED.
2