United States v. Perez ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40498
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HENRIQUE PEREZ, also known as Henry Perez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-99-CR-332-1
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December 20, 2000
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Henrique Perez appeals his sentences for conspiracy possess
with the intent to distribute more than 1000 kilograms of
marijuana and conspiracy to launder money. Perez contends that
he received ineffective assistance of counsel because his
retained attorney did not investigate or file objections to the
Presentence Investigation Report’s (PSR) calculation of relevant
conduct. He also contends that the district court erred in
determining that Perez failed to establish “good cause” for
*
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that this opinion should not be published and is not precedent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.
No. 00-40498
-2-
purposes of raising an untimely relevant conduct objection to the
PSR.
Because the record is not adequately developed, we decline
to review Perez’ ineffective assistance claim. United States v.
Bounds, 943 F.2d 541, 544 (5th Cir. 1991). Perez may raise this
claim in a 28 U.S.C. § 2255 motion.
Upon a de novo review of the record, we find that the
district court properly exercised its discretion in determining
that Perez failed to establish “good cause” for purposes of
raising an untimely relevant conduct objection to the PSR.
United States v. Myers, 150 F.3d 459, 465 (5th Cir. 1998); United
States v. Young, 140 F.3d 453, 457 (2d Cir. 1998).
AFFIRMED.