U.S. Court of Appeals for the Fourth Circuit, 2008

United States v. Millon

United States v. Millon
U.S. Court of Appeals for the Fourth Circuit · Decided May 2, 2008 · Williams, Niemeyer, Traxler
276 F. App'x 268

United States v. Millon

Opinion

PER CURIAM:

German Millón appeals his conviction and seventy-month sentence imposed after he pled guilty, pursuant to a plea agreement, to one count of conspiracy to possess with intent to distribute marijuana and cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 846 (2000). On appeal, Mil-Ion states only a single claim of ineffective assistance of counsel. The Government has moved to dismiss Millon’s appeal based upon a waiver of appellate rights in his plea agreement.

We deny the Government’s motion to dismiss. We have reviewed Millon’s claim and conclude that it does not “conclusively appear! ]” on the record that counsel was ineffective. United States v. Richardson, 195 F.3d 192, 198 (4th Cir. 1999) (internal quotation marks omitted). Millón may raise his ineffective assistance claim in proceedings under 28 U.S.C. § 2255 (2000). We therefore affirm Millon’s conviction and sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in *269 the materials before the court and argument would not aid the decisional process.

AFFIRMED.

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