United States v. Ramiro Cordova

Case: 18-40883 Document: 00515303351 Page: 1 Date Filed: 02/10/2020
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
February 10, 2020
No. 18-40883 Lyle W. Cayce
Summary Calendar Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RAMIRO CORDOVA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:15-CR-1335-1
Before JOLLY, JONES, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Ramiro Cordova appeals his convictions for conspiring to possess, and
possessing, with intent to distribute cocaine for which he was sentenced to 240
months of imprisonment. We will not consider Cordova’s claims that his trial
counsel rendered ineffective assistance by failing to investigate, file, and
litigate a pretrial Federal Rule of Criminal Procedure 12(b)(3)(C) motion to
suppress; the record is not sufficiently developed to evaluate the merits of these
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 18-40883 Document: 00515303351 Page: 2 Date Filed: 02/10/2020
No. 18-40883
claims, and they are denied without prejudice to collateral review. See United
States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).
Cordova has forfeited his stand-alone Fourth Amendment claim by
raising it for the first time in his reply. See United States v. Bowen, 818 F.3d
179, 192 n.8 (5th Cir. 2016). Regardless, as Cordova concedes, he is required
to show plain error because he failed to file a Rule 12(b)(3)(C) motion to
suppress in the district court. See United States v. Vasquez, 899 F.3d 363, 372
(5th Cir. 2018), cert. denied, 139 S. Ct. 1543 (2019). Because Cordova does not
argue that any alleged error affected his substantial rights or the fairness,
integrity, or public reputation of judicial proceedings, his claim necessarily
fails. See Puckett v. United States, 556 U.S. 129, 135 (2009).
AFFIRMED.
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