United States v. Smith, 4th Cir. (2000)
United States v. Smith, 4th Cir. (2000)
United States v. Smith, 4th Cir. (2000)
concerning the offense or the offender which would warrant a departure from the prescribed sentencing guidelines" (J.A. at 128); and (2)
did not move to compel the Government to make a motion for a substantial assistance reduction. Claims of ineffective assistance of counsel are generally not cognizable on direct appeal. See United States
v. King, 119 F.3d 290, 295 (4th Cir. 1997). Rather, to allow for adequate development of the record, such a claim must be brought in a
motion under 28 U.S.C.A. 2255 (West Supp. 2000). See United
States v. Hoyle, 33 F.3d 415, 418 (4th Cir. 1994). Such a claim may
be brought, however, when the record conclusively establishes ineffective assistance. See King, 119 F.3d at 295. Review of the record
in this appeal does not conclusively establish such ineffective assistance.
In light of the foregoing determinations, we affirm Smith's conviction and sentence. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials before
the Court and argument would not aid the decisional process.
AFFIRMED
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