Jake's Ltd., Inc. v. City of Coates

*
The Honorable Laurie Smith Camp, United States District Judge for the
District of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 03-1132
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the District
* of Nebraska.
Leonel Garcia-Garibay, also known as *
Marcos Gonzalez, * [UNPUBLISHED]
*
Appellant. *
___________
Submitted: January 7, 2004
Filed: January 21, 2004
___________
Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
___________
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
ineffective for failing to file a timely motion to suppress evidence of
methamphetamine seized during the search of Garcia-Garibay’s home. We conclude

-- 1 of 2 --

-2-
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.
______________________________

-- 2 of 2 --