United States v. Castillo

Opinion

Case: 24-20390 Document: 43-1 Page: 1 Date Filed: 05/01/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-20390 Summary Calendar FILED ____________ May 1, 2025 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Joe Noe Castillo,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:20-CR-488-9 ______________________________

Before Smith, Stewart, and Duncan, Circuit Judges. Per Curiam: * Joe Castillo pleaded guilty of conspiracy to possess with intent to dis- tribute fifty grams or more of methamphetamine. On appeal, he contends that he received ineffective assistance when counsel failed to contend that he was entitled to a minor-participant reduction under U.S.S.G. § 3B1.2. We do not usually review claims of ineffective assistance on direct

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-20390 Document: 43-1 Page: 2 Date Filed: 05/01/2025

No. 24-20390

appeal. See United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006). Castillo did not raise his claim in the district court, and the record does not provide sufficient detail to allow this court to assess counsel’s effectiveness. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). Accordingly, we decline to consider it, without prejudice to Castillo’s right to raise it on col- lateral review. See id. AFFIRMED.