Filed: Aug. 26, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 26, 2003 Charles R. Fulbruge III Clerk No. 03-40151 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus NEKIA PUGH, Defendant-Appellant. - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:01-CR-256-1 - Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges. PER CURIAM:* Nekia Pugh was convicted by a jury on one
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 26, 2003 Charles R. Fulbruge III Clerk No. 03-40151 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus NEKIA PUGH, Defendant-Appellant. - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:01-CR-256-1 - Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges. PER CURIAM:* Nekia Pugh was convicted by a jury on one ..
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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 August 26, 2003
Charles R. Fulbruge III
Clerk
No. 03-40151
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NEKIA PUGH,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:01-CR-256-1
--------------------
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Nekia Pugh was convicted by a jury on one count of
possession with intent to distribute and distribution of five
grams or more of crack cocaine in violation of 21 U.S.C.
§ 841(a)(1). He was sentenced to 87 months’ imprisonment
followed by five years’ supervised release. Pugh now appeals the
district court’s judgment.
In the sole issue he raises on appeal, Pugh argues that his
trial counsel rendered ineffective assistance by (1) eliciting
*
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that this opinion should not be published and is not precedent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. 03-40151
-2-
testimony from him about plea discussions that otherwise would
not have been admissible and which opened the door to testimony
that he previously had purchased cocaine and (2) failing to
object to and to request a curative instruction to remove the
taint of testimony that he may have threatened the life of a key
witness. Pugh did not raise his ineffective assistance claims in
the district court.
As a general rule, we decline to review claims of
ineffective assistance of counsel on direct appeal, although we
may do so in exceptional cases where the record is adequate to
allow review of the claims’ merits. See United States v. Higdon,
832 F.2d 312, 313-14 (5th Cir. 1987); see also Massaro v. United
States, ___ U.S. ___,
123 S. Ct. 1690, 1694 (2003) (stating that
28 U.S.C. § 2255 motion is preferred method for raising claim of
ineffective assistance of counsel). This is not the exceptional
case. Accordingly, we decline to review Pugh’s ineffective
assistance claim on direct appeal. The judgment of the district
court is AFFIRMED.