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United States v. Giles

Citation: 232 F. App'x 402Docket: No. 06-30477

Court: Court of Appeals for the Fifth Circuit; May 2, 2007; Federal Appellate Court

Narrative Opinion Summary

Charles Edward Giles was sentenced to life in prison following a jury conviction for distribution of marijuana, distribution of over 5 grams of cocaine base, and possession with intent to distribute over 50 grams of cocaine base. He appealed the district court's denial of his 28 U.S.C. § 2255 motion, focusing on the claim of ineffective assistance of counsel. The district court issued a certificate of appealability regarding whether his attorney presented a legally unrecognized defense. The court determined that the defense presented was legally valid, referencing precedents such as *United States v. Moye* and *United States v. Johnston*. Consequently, Giles failed to demonstrate ineffective assistance of counsel as defined by *Strickland v. Washington*. The court's decision to affirm the district court's ruling was made without publication, in accordance with 5th Cir. R. 47.5, meaning it does not serve as precedent except in specified circumstances.

Legal Issues Addressed

Certificate of Appealability and Legally Unrecognized Defense

Application: The district court issued a certificate of appealability to review whether Giles's attorney presented a legally unrecognized defense and found that the defense was legally valid.

Reasoning: The district court issued a certificate of appealability regarding whether his attorney presented a legally unrecognized defense. The court determined that the defense presented was legally valid, referencing precedents such as United States v. Moye and United States v. Johnston.

Ineffective Assistance of Counsel under Strickland v. Washington

Application: The court found that Charles Edward Giles did not demonstrate ineffective assistance of counsel because the defense presented by his attorney was legally valid.

Reasoning: Consequently, Giles failed to demonstrate ineffective assistance of counsel as defined by Strickland v. Washington.

Non-Precedential Decisions under 5th Cir. R. 47.5

Application: The court's decision to affirm the district court's ruling was issued without publication, meaning it does not serve as precedent except in specified circumstances.

Reasoning: The court's decision to affirm the district court's ruling was made without publication, in accordance with 5th Cir. R. 47.5, meaning it does not serve as precedent except in specified circumstances.