United States v. Leonel GarciaGaribay

U.S. Court of Appeals for the Eighth Circuit
United States v. Leonel GarciaGaribay, 85 F. App'x 545 (8th Cir. 2004)

United States v. Leonel GarciaGaribay

Opinion

PER CURIAM.

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Unpublished