Summary Calendar UNITED STATES OF AMERICA v. ARTURO DeHOYOS

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-41195
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ARTURO DeHOYOS
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-2040-1
Before JOLLY, SMITH, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Arturo DeHoyos appeals his conviction for possession of over five
kilograms of cocaine with intent to distribute. For his sole issue on appeal,
DeHoyos contends that his guilty plea was rendered involuntary because his
trial counsel repeatedly misadvised him that, if he pleaded guilty, he would
receive no more than 10 years in prison and would avoid a mandatory life
sentence under 21 U.S.C. § 841(b)(1)(A), despite his two prior felony drug
convictions. Because 28 U.S.C. § 2255 is the preferred vehicle for raising a claim
United States Court of Appeals
Fifth Circuit
F I L E D
July 8, 2008
Charles R. Fulbruge III
Clerk

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No. 07-41195
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of ineffective assistance of counsel, we decline to address this issue on direct
appeal. See Massaro v. United States, 538 U.S. 500, 504-05 (2003); United States
v. Lampazianie, 251 F.3d 519, 527 (5th Cir. 2001).
Accordingly, the judgment is AFFIRMED. DeHoyos may, of course, pursue
relief under § 2255.

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