U.S. v. Rodriguez, 78-5288
| Citation | 582 F.2d 1015 |
| Decision Date | 27 October 1978 |
| Docket Number | No. 78-5288,78-5288 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Miguel RODRIGUEZ, Defendant-Appellant. Summary Calendar. * |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Miguel A. Suarez, P. A., Miami, Fla., for defendant-appellant.
Jack V. Eskenazi, U. S. Atty., Paul D. Lazarus, Linda Collins Hertz, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before BROWN, Chief Judge, COLEMAN and VANCE, Circuit Judges.
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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...a factual record developed. United States v. Edmondson, 818 F.2d 768, 769 (11th Cir.1987) (per curiam); United States v. Rodriguez, 582 F.2d 1015, 1016 (5th Cir.1978) (per curiam); United States v. Gray, 464 F.2d 632, 634 n. 1 (8th Cir.1972); United States v. Prince, 456 F.2d 1070, 1070-71 ......
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...district court cannot be raised on direct appeal. United States v. Stephens, 609 F.2d 230, 234 (5th Cir. 1980); United States v. Rodriguez, 582 F.2d 1015, 1016 (5th Cir. 1978). However, where the record is sufficiently developed with respect to such a claim, this Court may determine the mer......
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...has been no opportunity to develop and include in the record evidence bearing on the merits of the allegations. United States v. Rodriguez, 582 F.2d 1015, 1016 (5th Cir.1978). Recognizing, in a passing footnote, what he chooses to characterize as merely a "reluctance" of this court to consi......
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U.S. v. Hendricks, s. 80-2227
...bearing on the merits of the allegations." United States v. Stephens, 609 F.2d 230, 234 (5th Cir. 1980), citing United States v. Rodriguez, 582 F.2d 1015, 1016 (5th Cir. 1978). Since this is a direct appeal, the issue is not properly before this Finding no ground for reversal in any of appe......