USA v. Villalba-Gonzalez, No. 22-50147 (5th Cir. 2023)

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Case: 22-50147 Document: 00516645782 Page: 1 Date Filed: 02/14/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-50147 Summary Calendar ____________ FILED February 14, 2023 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Luis Andres Villalba-Gonzalez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 3:20-CR-2222-3 ______________________________ Before King, Higginson, and Willett, Circuit Judges. Per Curiam: * Luis Andres Villalba-Gonzalez appeals the 168-month sentence imposed following his guilty plea to one count of conspiracy to possess a mixture containing a detectable amount of methamphetamine. In his sole argument on appeal, Villalba-Gonzalez contends that his trial counsel rendered ineffective assistance of counsel. Because the record is not sufficiently developed to allow this court to evaluate Villalba-Gonzalez’s _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50147 Document: 00516645782 Page: 2 Date Filed: 02/14/2023 No. 22-50147 ineffective assistance of counsel claim on appeal, we deny this claim without prejudice to his right to raise the claim in a 28 U.S.C. § 2255 motion. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). AFFIRMED. 2

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