United States v. Capre-Herrera
United States v. Capre-Herrera
Opinion of the Court
SUMMARY ORDER
Carlos Capre-Herrera appeals from a judgment of conviction entered on December 13, 2005, in the United States District Court for the Southern District of New York, following a plea of guilty before the Honorable Richard M. Berman, United States District Judge. Capre-Herrera argues that he received ineffective assistance of counsel and thus that his conviction and sentence should be vacated and the case remanded for either resentencing or an opportunity to plead guilty with full knowledge of the consequences. We assume the parties’ familiarity with the facts, proceedings below, and specification of appellate issues.
While this court does have jurisdiction to hear the present appeal pursuant to 28 U.S.C. § 1291, this court is generally disinclined to resolve ineffective assistance claims on direct review. See United States
We therefore dismiss the appeal without prejudice.
Reference
- Full Case Name
- United States v. Carlos CAPRE-HERRERA
- Cited By
- 2 cases
- Status
- Published