United States v. Leonel GarciaGaribay
Opinion
Leonel Garcia-Garibay appeals the sentence the district court * imposed after Garicia-Garibay pleaded guilty to drug violations under 21 U.S.C. §§ 841 and 846. Garcia-Garibay argues he should be resentenced because defense counsel was inef *546 fective for failing to file a timely motion to suppress evidence of methamphetamine seized during the search of Gareia-Garibay’s home. We conclude this ineffective-assistance claim should be brought, if at all, in a 28 U.S.C. § 2255 motion. See United States v. Hughes, 330 F.3d 1068, 1069 (8th Cir. 2003). Consequently, we affirm the judgment of the district court.
*
The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska.
Reference
- Full Case Name
- UNITED STATES of America, Appellee, v. Leonel GARCIA-GARIBAY, Also Known as Marcos Gonzalez, Appellant
- Status
- Unpublished