
    UNITED STATES of America, Plaintiff-Appellee v. Edwin Idonis MARTINEZ-LOPEZ, also known as Edwin Idonis Manueles-Valledares, Defendant-Appellant.
    No. 13-40725
    Summary Calendar.
    United States Court of Appeals, Fifth Circuit.
    July 3, 2014.
    Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.
    Clarissa Guajardo Shaw, Esq., Houston, TX, for Defendant-Appellant.
    Before DeMOSS, OWEN, and GRAVES, Circuit Judges.
   PER CURIAM:

Edwin Idonis Martinez-Lopez appeals his guilty plea conviction for being an alien unlawfully found in the United States after deportation. He argues for the first time on appeal that counsel was ineffective at sentencing. Although Martinez-Lopez’s plea agreement contained an appeal waiver provision, we are unable to determine whether he knowingly and voluntarily waived his appellate rights because the record on appeal does not contain the rear-raignment transcript. We pretermit consideration of the effect of the appeal waiver in this case because we would not reach the merits of the ineffective assistance claim in any event as the record is not sufficiently developed to allow us to evaluate counsel’s actions. See United States v. Story, 439 F.3d 226, 230-31 (5th Cir.2006); see also United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir.2006).

Martinez-Lopez also argues that there is a clerical error in the judgment because it references both 8 U.S.C. § 1326(a) and (b)(1). See FED. R. CRIM. P. 36. There is no error as Martinez-Lopez was indicted for and in fact pleaded guilty to violating § 1326(a) and (b)(1).

AFFIRMED. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     