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111 F. App'x 192

United States v. Griffith

U.S. Courts of Appeals

Decided October 22, 2004

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U.S. Courts of Appeals · decided 2004-10-22

Applies 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on United States of America v. Willie James Richardson

Affirmed by unpublished per curiam opinion · Decided 2004-10-22

PER CURIAM.

¶1 Charles Jeter Griffith seeks to appeal his conviction and 135-month sentence imposed after a jury found him guilty of conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841, 846 (2000). On appeal, Griffith claims that trial counsel rendered *193 ineffective assistance. Finding no error, we affirm.

¶2 Ineffective assistance claims are not generally addressed on direct appeal unless it appears conclusively from the record that Appellant received ineffective assistance of counsel. United States v. Richardson, 195 F.3d 192, 198 (4th Cir. 1999). Such claims generally should be raised by motion under 28 U.S.C. § 2255 (2000). Id. We conclude Griffith has not shown conclusively from the face of the record that counsel provided ineffective representation. Accordingly, we affirm Griffith’s conviction without prejudice to his assertion of ineffective assistance of counsel claims in a § 2255 proceeding. 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.

¶3 AFFIRMED

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