United States v. Morin-Gonzalez ( 1998 )


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  •                  IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    _____________________
    No. 97-20516
    _____________________
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    v.
    MARGARITA MORIN-GONZALEZ,
    Defendant-Appellant.
    _________________________________________________________________
    Appeal from the United States District Court
    for the Southern District of Texas
    (H-95-CR-216-2)
    _________________________________________________________________
    August 06, 1998
    Before KING, SMITH, and PARKER, Circuit Judges.
    PER CURIAM:*
    After reviewing the briefs and the record and hearing
    argument, we are not persuaded that the evidence was insufficient
    to support the appellant’s conviction for conspiracy to possess
    with the intent to distribute cocaine in violation of 
    21 U.S.C. § 846
     and aiding and abetting the possession with the intent to
    distribute cocaine in violation of 
    21 U.S.C. §§ 841
    (a)(1)
    (b)(1)(B).     We elect not to address the appellant’s claim that
    *
    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    this opinion should not be published and is not precedent except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.
    she received ineffective assistance of counsel on the basis that
    the record is not sufficiently developed to permit a decision on
    those issues.    Should the appellant elect to pursue those claims
    further, she should do so in the context of a 
    28 U.S.C. § 2255
    action.
    AFFIRMED.
    2
    

Document Info

Docket Number: 97-20516

Filed Date: 8/21/1998

Precedential Status: Non-Precedential

Modified Date: 4/18/2021