UNITED STATES v. ALTMAN (2021)

United States Court of Appeals, Fifth Circuit.2021-06-09No. No. 20-10627

Summary · law.co

Holding. The judgment of the district court is affirmed. The appellate court declined to address the ineffective assistance claim without prejudice to collateral review and determined that the appeal waiver barred the challenge to the denial of the continuance motion.

Ryder Shane Altman pleaded guilty to distributing child pornography and received a 192-month prison sentence to run consecutively with an anticipated probation revocation stemming from a prior state pornography conviction. On appeal, Altman raised two arguments: that his trial counsel failed to object to a reference in the presentence report regarding a specific sentencing guideline provision, and that the trial court improperly refused to delay his sentencing hearing to allow him to retain a mitigation expert.

The appellate court declined to address Altman's ineffective assistance of counsel claim because the record lacked sufficient development for meaningful review, leaving that claim available for potential collateral challenge. The court determined that Altman's appeal waiver, which he had signed, prevented him from challenging the trial court's refusal to continue the sentencing hearing. Consequently, the court upheld the district court's judgment without reaching the merits of either argument.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether trial counsel provided ineffective assistance by failing to object to a sentencing guideline reference in the presentence report
Whether the trial court abused its discretion in denying a motion to continue sentencing to secure a mitigation expert
Whether an appeal waiver bars challenge to a sentencing procedural ruling

Procedural posture

Altman appealed his sentence following a guilty plea to child pornography distribution, raising claims of ineffective assistance and abuse of discretion.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

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 Altmans anticipated probation revocation for a prior state court pornography conviction. He argues on appeal that his trial counsel rendered ineffective assistance by failing to object to the presentence reports 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 Altmans 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). Altmans 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.

FOOTNOTES

FOOTNOTE

Per Curiam:*

FN* 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.