United States v. Morin-Gonzalez

Opinion

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.