Scribd Logo
Upload

Welcome to Scribd!

  • United States v. Danny Lee Puckett, 958 F.2d 369, 4th Cir. (1992)

    Uploaded by

    Scribd Government Docs
    4 views2 pages
    Danny Lee Puckett appealed his conviction for conspiracy to distribute cocaine, arguing that he received ineffective assistance of counsel. However, the court found that claims of ineffective assistance of counsel are more appropriately addressed in a proceeding under 28 U.S.C. § 2255 in district court, where the record can be developed. As ineffective assistance was Puckett's sole basis for appeal, and the court would not consider it, his conviction was affirmed. Puckett may still pursue his ineffective assistance claim by filing a § 2255 motion in the court of his conviction.

    Original Description:

    Filed: 1992-03-13 Precedential Status: Non-Precedential Citations: 958 F.2d 369 Docket: 91-5598

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Danny Lee Puckett appealed his conviction for conspiracy to distribute cocaine, arguing that he received ineffective assistance of counsel. However, the court found that claims of ineffective assistance of counsel are more appropriately addressed in a proceeding under 28 U.S.C. § 2255 in district court, where the record can be developed. As ineffective assistance was Puckett's sole basis for appeal, and the court would not consider it, his conviction was affirmed. Puckett may still pursue his ineffective assistance claim by filing a § 2255 motion in the court of his conviction.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    4 views2 pages

    United States v. Danny Lee Puckett, 958 F.2d 369, 4th Cir. (1992)

    Uploaded by

    Scribd Government Docs
    Danny Lee Puckett appealed his conviction for conspiracy to distribute cocaine, arguing that he received ineffective assistance of counsel. However, the court found that claims of ineffective assistance of counsel are more appropriately addressed in a proceeding under 28 U.S.C. § 2255 in district court, where the record can be developed. As ineffective assistance was Puckett's sole basis for appeal, and the court would not consider it, his conviction was affirmed. Puckett may still pursue his ineffective assistance claim by filing a § 2255 motion in the court of his conviction.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    958 F.

    2d 369

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    UNITED STATES of America, Plaintiff-Appellee,
    v.
    Danny Lee PUCKETT, Defendant-Appellant.
    No. 91-5598.

    United States Court of Appeals, Fourth Circuit.


    Submitted March 2, 1992.
    Decided March 13, 1992.

    Appeal from the United States District Court for the Eastern District of
    North Carolina, at Wilmington. James C. Fox, Chief District Judge. (CR90-35-7)
    Edwin M. Sigel, Dallas, Tex., for appellant.
    Margaret Person Currin, United States Attorney, Eric Evenson, Assistant
    United States Attorney, Raleigh, N.C., for appellee.
    E.D.N.C.
    AFFIRMED.
    Before SPROUSE and WILKINSON, Circuit Judges, and CHAPMAN,
    Senior Circuit Judge.
    OPINION
    PER CURIAM:

    Danny Lee Puckett appeals from his conviction for conspiracy to distribute
    cocaine, 21 U.S.C. 846 (1988). He contends that his conviction should be

    reversed because he received ineffective assistance of counsel. This challenge is


    more properly raised in a proceeding pursuant to 28 U.S.C. 2255 (1988),
    where the district court can develop the factual record necessary to evaluate the
    merits of Puckett's claim. United States v. DeFusco, 949 F.2d 114, 120-21 (4th
    Cir.1991). If Puckett wishes to pursue his claim, he may file a 2255 motion in
    his court of conviction. We will not address the issue here.
    2

    Because ineffective assistance of counsel is the sole basis for Puckett's appeal,
    we affirm. We dispense with oral argument because the facts and legal
    contentions are adequately presented in the materials before the Court and
    argument would not aid the decisional process.

    AFFIRMED.

    You might also like