United States v. Giles

* 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that this opinion should not be published and is not precedent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
May 2, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-30477
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHARLES EDWARD GILES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 3:05-CV-1068
USDC No. 3:02-CR-30015-ALL
--------------------
Before DeMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Charles Edward Giles received a mandatory life sentence
after being found guilty by a jury of distribution of marijuana,
distribution of over 5 grams of cocaine base, and possession with
intent to distribute over 50 grams of cocaine base. Giles
appeals the district court’s denial of his 28 U.S.C. § 2255
motion. The district court granted Giles a certificate of
appealability on the issue whether his attorney was ineffective

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No. 06-30477
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for presenting a defense at trial that is not recognized under
the law. The defense presented is recognized. See, e.g., United
States v. Moye, 951 F.2d 59, 61 & n.1 (5th Cir. 1992); United
States v. Johnston, 685 F.2d 934, 936-37, 940 (5th Cir. 1982).
Giles thus has not established that his counsel rendered
ineffective assistance. See Strickland v. Washington, 466 U.S.
668, 687 (1984).
AFFIRMED.

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