United States v. Johnson

* 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this opinion should not be published and is not precedent except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
August 28, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-51008
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TONY O’NEAL JOHNSON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:04-CR-9-1
--------------------
Before DAVIS, SMITH, and WIENER, Circuit Judges.
PER CURIAM:*
Tony O’Neal Johnson appeals his conviction and total 292-
month sentence following a guilty plea for three counts of
possession with intent to distribute at least five grams of
cocaine base. Johnson argues that counsel rendered ineffective
assistance in connection with his guilty plea and sentencing,
specifically arguing that counsel 1) failed to discuss with him
the significance of the sentencing enhancement information filed
by the Government prior to the guilty plea, 2) failed to inform

-- 1 of 2 --

No. 05-51008
-2-
him of the range of punishment for his offense prior to the
guilty plea, 3) failed to file objections to the presentence
report, and 4) failed to request a downward departure from the
Sentencing Guidelines.
As a general rule, this court declines to review claims of
ineffective assistance of counsel on direct appeal, although we
may do so in exceptional cases. See United States v. Higdon, 832
F.2d 312, 313-14 (5th Cir. 1987). This is not the exceptional
case. Accordingly, we decline to review Johnson’s ineffective
assistance claims in this direct appeal. The judgment of the
district court is affirmed without prejudice to Johnson’s right
to raise them 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.

-- 2 of 2 --