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UNITED STATES of America, Appellee, v. Leonel GARCIA-GARIBAY, also known as Marcos Gonzalez, Appellant

United States Court of Appeals for the Eighth Circuit2004-01-21No. No. 03-1132
85 F. App'x 545

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Opinion

majority 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 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.