United States v. Lopez

No. 99-10921
-1-
* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10921
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ZEFERINO LOPEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:95-CR-102-1-Y
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February 16, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Zeferino Lopez pleaded guilty to distribution of
methamphetamine and received 262 months’ imprisonment. He argues
that he received ineffective assistance of counsel because
retained counsel at the time of Lopez’s rearraignment had a
conflict of interest arising from criminal proceedings against
counsel, which resulted in counsel’s guilty plea to a felony in
state court.
A claim of ineffective assistance ordinarily may not be made
for the first time on appeal as the district court must develop

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No. 99-10921
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an adequate record so that this court may evaluate the merits of
the claim. See United States v. Bounds, 943 F.2d 541, 544 (5th
Cir. 1991). The record in this case is not sufficient for
review; therefore, we dismiss the ineffective-assistance claim
without prejudice to Lopez’s ability to bring such a claim in a
motion pursuant to 28 U.S.C. § 2255. See id.
AFFIRMED.

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