United States v. Minor, No. 12-30247 (5th Cir. 2013)
Annotate this CaseDefendant pled guilty to one count of conspiracy to distribute and to possess with intent to distribute 50 grams or more of cocaine base or crack cocaine. Defendant appealed. The court rejected defendant's challenge to the district court's denial of his pro se request to withdraw his guilty plea. The only potentially meritorious issue was whether defense counsel's refusal to file the motion was in fact constitutionally deficient and prejudiced defendant. However, the court need not resolve that issue in order to conclude that the district court's decision was soundly based. Defendant will have to file an 18 U.S.C. 2255 petition in order to explore the ineffectiveness claim properly. The court also rejected defendant's request for resentencing under the Fair Sentencing Act, Pub. L. No. 111-220, 124 Stat. 2372, based on Dorsey v. United States.
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