         *          Pursuant to 0TH CIR. R. 00.0, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 0TH CIR. R. 00.0.0.     Case: 00-00000   Document: 00000000000     Page: 0   Date Filed: 00/00/0000                                   No. 00-00000  existed to develop the record on the merits of the allegations." United States v. Cantwell, 000 F.0d 0000, 0000 (0th Cir. 0000) (internal quotation marks and citation omitted). We have reviewed counsel's brief and the relevant portions of the record reflected therein, as well as 