UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
MIGUEL RODRIGUEZ, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
MIGUEL RODRIGUEZ, DEFENDANT-APPELLANT
582 F.2d 1015
Court of Appeals for the Fifth Circuit (1978)
Positive Treatment
Cited by 36 cases
Opinion of the Court
PER CURIAM:
A jury found Miguel Rodriguez guilty of possession of heroin with intent to distribute, distribution of heroin, and conspiracy both to possess and to distribute heroin. Appellant, through different counsel than the attorney who represented him at all proceedings in the District Court, appeals on the sole ground that he was denied effective assistance of counsel at trial. The law of this Circuit is that claims of inadequate representation cannot be determined on direct appeal where such claims were not raised before the District Court and there has been no opportunity to develop and include in the record evidence bearing on the merits of the allegations. See United States v. Prince, 5 Cir., 1972, 456 F. 2d 1070; United States v. Hunter, 5 Cir., 1969, 417 F. 2d 296. The convictions are affirmed without prejudice to the right of Rodriguez to raise the issue of ineffective assistance of counsel in a proper proceeding pursuant to 28 U.S.C. § 2255.
AFFIRMED.
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Williams v. State, 438 So. 2d 781 (Fla. 1983)
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United States v. Khoury, 901 F.2d 948 (11th Cir. 1990)
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- United States v. Prince, 456 F.2d 1070 (5th Cir. 1972)
- United States v. Hunter, 417 F.2d 296 (5th Cir. 1969)