USA v. Quiroga, No. 05-40876 (5th Cir. 2006)

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 11, 2006 Charles R. Fulbruge III Clerk No. 05-40876 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANTONIO QUIROGA, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 2:05-CR-16-ALL -------------------Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges. PER CURIAM:* Antonio Quiroga appeals following his conviction for possession of 118 kilograms of marijuana with intent to distribute. Quiroga argues that counsel rendered ineffective assistance for failing to file a motion to suppress, failing to object to hearsay evidence, and failing to object to evidence concerning Quiroga s silence following his arrest. As a general rule, this court declines to review claims of ineffective assistance of counsel on direct appeal, although we * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 05-40876 -2may do so in exceptional cases. F.2d 312, 313-14 (5th Cir. 1987). case. United States v. Higdon, 832 This is not the exceptional Accordingly, we decline to review Quiroga s ineffective assistance claims in this direct appeal. The judgment of the district court is affirmed without prejudice to Quiroga s right to raise them in a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. merits of such a motion. AFFIRMED. We express no view on the

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