U.S. Court of Appeals for the Eighth Circuit, 2004

United States v. Leonel GarciaGaribay

United States v. Leonel GarciaGaribay
U.S. Court of Appeals for the Eighth Circuit · Decided January 21, 2004 · Wollman, Fagg, Arnold
85 F. App'x 545

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.

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