UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-4775
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JUSTO MANUEL GONZALEZ,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:14-cr-00059-RLV-DCK-1)
Submitted: October 14, 2016 Decided: October 19, 2016
Before DUNCAN, AGEE, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Randolph M. Lee, Charlotte, North Carolina, for Appellant. Jill
Westmoreland Rose, United States Attorney, Anthony J. Enright,
Assistant United States Attorney, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Justo Manuel Gonzalez pled guilty to conspiracy to
distribute and possess with intent to distribute cocaine and
methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1),
(b)(1)(A), 846 (2012). The district court sentenced Gonzalez to
210 months’ imprisonment, and he now appeals, raising a single
claim of ineffective assistance of counsel.
Gonzalez’s claim of ineffective assistance of counsel is
only cognizable on direct appeal if it conclusively appears on
the record that counsel was ineffective. United States v.
Galloway, 749 F.3d 238, 241 (4th Cir. 2014). To succeed on a
claim of ineffective assistance of counsel, Gonzalez must show
that: (1) “counsel’s representation fell below an objective
standard of reasonableness”; and (2) “the deficient performance
prejudiced the defense.” Strickland v. Washington, 466 U.S.
668, 687-88 (1984). The record before us does not conclusively
establish ineffective assistance of counsel. Consequently,
Gonzalez’s claim is not cognizable on direct appeal and should
be raised, if at all, in a 28 U.S.C. § 2255 (2012) motion.
We therefore affirm the judgment of the district court. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
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