USA v. Miguel Duran-Arias, No. 15-50222 (5th Cir. 2015)

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Case: 15-50222 Document: 00513308192 Page: 1 Date Filed: 12/15/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-50222 Summary Calendar United States Court of Appeals Fifth Circuit FILED December 15, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. MIGUEL DURAN-ARIAS, Defendant–Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 3:14-CR-2040-1 Before KING, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * Miguel Duran-Arias appeals the 37-month sentence imposed following his guilty plea conviction of illegal reentry. Duran-Arias argues that his attorney performed ineffectively at sentencing by failing to present the real reason Duran-Arias illegally reentered the United States and by failing to object at sentencing. Because the record is not sufficiently developed to allow for a fair consideration of these claims, we decline to consider them on direct 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-50222 Document: 00513308192 Page: 2 Date Filed: 12/15/2015 No. 15-50222 appeal without prejudice to any right Duran-Arias has to raise them on collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir.), cert. denied, 135 S. Ct. 123 (2014). AFFIRMED. 2

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