Summary Calendar UNITED STATES OF AMERICA v. Gilberto Madriles-Guzman, also known as Gilberto M Guzman

* 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should not be published and is not precedent except under the limited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. 06-51359
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
GILBERTO MADRILES-GUZMAN, also known as Gilberto M Guzman
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-355-1
Before KING, DAVIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Gilberto Madriles-Guzman appeals his conviction and sentence for
conspiracy to possess with intent to distribute cocaine and possession with intent
to distribute cocaine. Madriles-Guzman argues that his retained attorney
performed ineffectively at trial and at sentencing and that the district court
plainly erred during voir dire by commenting on the quantity of drugs involved
in the offense.
United States Court of Appeals
Fifth Circuit
F I L E D
October 15, 2007
Charles R. Fulbruge III
Clerk

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No. 06-51359
2
A 28 U.S.C. § 2255 motion is the preferred method for raising a claim of
ineffective assistance of counsel. Massaro v. United States, 538 U.S. 500, 503-04
(2003). We decline to address the claims of ineffective counsel raised in this case
because there has been no opportunity to develop the record as to the merits of
the claims. See United States v. Miller, 406 F.3d 323, 335-36 (5th Cir.), cert.
denied, 126 S. Ct. 207 (2005). The district court’s comments during voir dire
were not plainly erroneous. See United States v. Lankford, 196 F.3d 563, 572-73
(5th Cir. 1999).
AFFIRMED.

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