United States v. Dial

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
July 13, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-51474
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TERRY DIAL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:06-CR-142-2
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Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.
PER CURIAM:*
Terry Dial appeals his guilty-plea conviction for aiding and
abetting in the possession of pseudoephedrine to manufacture
methamphetamine in violation of 21 U.S.C. § 841(c)(2) and 18
U.S.C. § 2. Dial argues that trial counsel was ineffective,
during rearraignment, for withdrawing Dial’s motion to suppress
evidence seized from his tent.
As a general rule, we decline to review claims of
ineffective assistance of counsel on direct appeal, although we
may do so in exceptional cases. See United States v. Higdon,

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No. 06-51474
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832 F.2d 312, 313-14 (5th Cir. 1987). This is not such a case.
Accordingly, we decline to review Dial’s ineffective assistance
claim in this direct appeal. The judgment of the district court
is affirmed without prejudice to Dial’s right to raise an
ineffective assistance claim in a motion to vacate, set aside, or
correct sentence pursuant to 28 U.S.C. § 2255. We express no
view on the merits of such a motion.
AFFIRMED.

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